Griffin v. . Marquardt
New York Court of Appeals
Appeal from the Supreme Court. The case came up from a second trial ordered by this court (17 IT. Y., 28). The trial was by the court without jury, and the judge held that there was no fraud in fact in the' assignment which the plaintiff sought to impeach. He dismissed the complaint, and the judgment was affirmed at general term in the second district.
Read the full summary
Appeal from the Supreme Court. The case came up from a second trial ordered by this court (17 IT. Y., 28). The trial was by the court without jury, and the judge held that there was no fraud in fact in the' assignment which the plaintiff sought to impeach. He dismissed the complaint, and the judgment was affirmed at general term in the second district. The plaintiff appealed to this court, and argued that the assignment was invalid upon its face, and conclusively proved to be fraudulent by testimony which sufficiently appears in the following-opinion.
1Opinion of the CourtWeight, J.
The plaintiff’s complaint was dismissed at the special term; the judge holding that the assignment of Marquardt was not fraudulent. "Upon the whole evidence, he found the assignment to have been made m good faith, and without any fraudulent intent, and aS these were questions of fact purely, his finding is not open to review here. The question of fraud in fact was disposed of at the special and general terms, where alone it could be examined and reviewed. The plaintiff’s counsel points us to a part of the testimony of the assignor, which it is claimed conclusively establishes a fact fatal to…
2Cited by16 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- State v. . KingSupreme Court of North Carolina · 1882
- Forbes v. . WallerNew York Court of Appeals · 1862
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Bedell v. . ChaseNew York Court of Appeals · 1866
11 more not listed; retrieve them via the Exa API.