Whittlesey v. . Delaney
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the .court on trial at Special Term.
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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the .court on trial at Special Term. This action was brought by plaintiff as receiver of the Excelsior Hay Carrier Company to set aside a judgment obtained by plaintiff' against said company; plaintiff also .asked that it be adjudged that defendant has no claim .against said company or against the plaintiff as its receiver. The facts appear sufficiently in the opinion. The court erred in refusing to grant judgment because the…
1Opinion of the Court
Allen, J. .
The plaintiff sues as receiver of “ The Excelsior Hay Carrier Company ” to set aside and vacate a judgment recovered by the appellant Delaney against the company upon the ground that it was without consideration, obtained by collusion with the officers of the company in fraud of the rights of creditors. The action was properly brought in the name of, .and by the receiver as the representative, as well of creditors, as the debtor corporation. It was his duty in behalf of the creditors to resist the judgment and assert the rights of creditors against the fraudulent or illegal acts of…
2Cases cited5 opinions
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Marsh v. . DodgeNew York Court of Appeals · 1876
- Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
- Warmer v. BlakemanNew York Court of Appeals · 1868
3Cited by23 opinions
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Agan v. ShannonSupreme Court of Missouri · 1890
- Disbrow v. . HarrisNew York Court of Appeals · 1890
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