Rodgers v. Bonner
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought for the purpose: (1.) Of hav.ing a conveyance by James Bonner, of lot 10,1 East Payette street, Syracuse, to his wife, declared fraudulent and void as against the plaintiff’s judgments. ' (2.) Of establishing the priority of the lien of the plaintiff’s judgments upon said lot, over attachments issued by the defendants Crouse and others, and for the payment of the proceeds of the sale thereof…
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APPEAL from a judgment entered upon the report of a referee. The action was brought for the purpose: (1.) Of hav.ing a conveyance by James Bonner, of lot 10,1 East Payette street, Syracuse, to his wife, declared fraudulent and void as against the plaintiff’s judgments. ' (2.) Of establishing the priority of the lien of the plaintiff’s judgments upon said lot, over attachments issued by the defendants Crouse and others, and for the payment of the proceeds of the sale thereof in the hands of the sheriff, to the plaintiff, to apply on his judgments. The answer of James Bonner and wife was a…
1Opinion of the Court
By the Court, Bacon, P. J.
The fraudulent character of the conveyance by Bonner to his wife, which it was one of the objects of this suit to set aside, is conceded on all sides, and is so adjudged in the decree. The only struggle here is as to the priority of claim as between the plaintiff and the firm of Crouse & Co., defendants, in respect to the surplus of some $1300 which remained in the sheriff’s hands for distribution after the sale; and the sole question to be passed upon is, whether there was a sufficient levy made by the sheriff under the attachments issued in favor of Crouse & Co.
The…
2Cases cited2 opinions
- Beekman v. LansingNew York Supreme Court · 1830
- Perrin v. LeverettMassachusetts Supreme Judicial Court · 1816
3Cited by3 opinions
- Hyman v. LandryWisconsin Supreme Court · 1908
- Southern California Fruit Exchance v. StammNew Mexico Supreme Court · 1898
- Lynch v. CraryThe Superior Court of New York City · 1872