Donnelly v. West
New York Supreme Court
This action is brought by the plaintiff who was appointed sequestrator of the personal property of defendant West, to set aside certain conveyances made by him to his daughter, as fraudulent and void as against the plaintiff in actions of West agt. West.
1Opinion of the CourtLawrence, J.
— It is said by Countryman, J., in Handly agt. Quick (47 How. Pr., 235) that the general tendency of the recent decisions is to uphold the proceedings when taken in good faith, in the absence of any affirmative evidence disproving the facts alleged, if the original papers contained evidence calling for the exercise of the judgment of the officer who is required in the first instance to determine their sufficiency. And the authorities cited by the learned justice, in his opinion, seem to fully sustain his view of the law (See Van Wyck agt. Hardy, 39 How., 392; Waffle agt. Gable, 53 Barb., 517;…
2Cases cited8 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Staples v. . FairchildNew York Court of Appeals · 1849
- Miller v. . AdamsNew York Court of Appeals · 1873
- Bosworth v. . VandewalkerNew York Court of Appeals · 1873
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3Cited by2 opinions
- Murphy v. Franklin Savings BankAppellate Division of the Supreme Court of the State of New York · 1909
- Wichman v. AschpurwisThe Superior Court of New York City · 1888