Fowler v. . Haynes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 29, 1882, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover the possession of certain personal property, consisting of a stock of millinery goods. It was originally brought against Nicholas H. Haynes, the present defendant’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 29, 1882, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover the possession of certain personal property, consisting of a stock of millinery goods. It was originally brought against Nicholas H. Haynes, the present defendant’s intestate. Plaintiffs claimed title under two bills of sale executed by Mrs. Lucy A. Michelson. Defendant justified under a justice’s judgment against Mrs. Michelson, and a…
1Opinion of the CourtAndrews, J.
The plaintiffs cannot maintain their alleged title, under the bill of sale from Mrs. Lucy A. Michelson to Bernherd Browner, dated Eovember 22,1878, and subsequently assigned to them, against a subsequent judgment and execution creditor of Mrs. Michelson. The referee finds that the bill of sale was made with intent to hinder, delay and defraud Mrs. Michelson’s creditors, and that the plaintiffs had notice of its fraudulent character, at the time they took the assignment. So also, upon the facts found by the referee, the plaintiffs derived no title to the property under the bill of sale to them…
2Cases cited4 opinions
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Allen v. . JudsonNew York Court of Appeals · 1877
- Buck v. . RemsenNew York Court of Appeals · 1866
3Cited by7 opinions
- Singleton v. Phenix InsuranceNew York Court of Appeals · 1892
- Leoncini v. PostNew York Court of Common Pleas · 1891
- Sherman v. ShislerSuperior Court of Buffalo · 1893
- Daley v. Dennis, New York County Courts1930
- Traffarn v. GetmanNew York Supreme Court · 1888
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