Fullerton v. Viall
New York Court of Appeals
This action was commenced in July, 1853, and was tried át the Saratoga circuit, June 7, 1854, before Justice Hand, with a jury. The complaint alleged that the plaintiffs were judgment creditors of James Viall and one S. A. House, partners in business, who failed and made a general assignment for the benefit of creditors, in September 1, 1851. That the judgments in question were recovered in 1852, and execution returned unsatisfied.
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This action was commenced in July, 1853, and was tried át the Saratoga circuit, June 7, 1854, before Justice Hand, with a jury. The complaint alleged that the plaintiffs were judgment creditors of James Viall and one S. A. House, partners in business, who failed and made a general assignment for the benefit of creditors, in September 1, 1851. That the judgments in question were recovered in 1852, and execution returned unsatisfied. The complaint also alleged, that on the 4th of September, 1851, the defendant Viall with intent to defraud his creditors, conveyed his residence at Mechanic-ville,…
1Opinion of the Court
The judgment of the supreme court was affirmed'by the court of appeals, June 19, 1858.
The full case and points are in the State Library, vol. 73 case, No. 9.
Note.—We received this case from General Bullard, plaintiffs’ attorney, for publication. It was written out by him, in full, including the head note, and it is on his responsibility alone, that we publish it. It is difficult for ns to understand how this important case should have been overlooked or unnoticed for so long a time, and especially why there was no written opinion given in it, by either the general term of the supieme court or…
2Cited by13 opinions
- Blair v. SmithIndiana Supreme Court · 1888
- Ferguson v. HillmanWisconsin Supreme Court · 1882
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Chamberlin v. JonesIndiana Supreme Court · 1888
- Ringold v. SuiterWest Virginia Supreme Court · 1891
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