Galle v. . Tode
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Fraud cannot be predicated upon a judgment confessed for a bona fide indebtedness in the absence of some agreement between the parties to the action whereby, the debtor reserves or is to receive some benefit. (Galle v. Tode, 74 Hun, 542, 545, 546; Victor v. Levy, 72 Hun, 263; Simons…
1Opinion of the CourtHaight, J.
The plaintiffs are judgment creditors of the-defendants Tode and Wulling, who were co-partners doing business under the name of “ Tode Brothers,” and engaged in the grocery business in the city of 27ew York, and at Monroe, in the county of Orange. The plaintiffs bring this action to-set aside certain judgments confessed by Tode and Wulling in favor of the other appellants, on the ground of fraud, or to postpone such judgments, with the executions issued thereon, to the lien of the plaintiffs’ judgment and execution.
On or about the 7th day of March, 1891, the defendants Tode and Wulling became…
2Cases cited8 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Starin v. . KellyNew York Court of Appeals · 1882
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Manning v. . BeckNew York Court of Appeals · 1891
- Standard Oil Co. v. . Triumph Insurance Co.New York Court of Appeals · 1876
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3Cited by11 opinions
- Foreman v. ForemanNew York Court of Appeals · 1929
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Sleicher v. SleicherNew York Court of Appeals · 1929
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Enthoven v. EnthovenNew York Supreme Court · 1938
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