Forbes v. Logan
The Superior Court of New York City
This is an appeal from a judgment setting aside an assignment executed by Robert Waller to Thomas Waller, Hovember 28, 1855, as being fraudulent and void, as against the creditors of the assignor. The appeal is taken on behalf of Logan, the receiver, who was made a defendant by the supplemental complaint.
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This is an appeal from a judgment setting aside an assignment executed by Robert Waller to Thomas Waller, Hovember 28, 1855, as being fraudulent and void, as against the creditors of the assignor. The appeal is taken on behalf of Logan, the receiver, who was made a defendant by the supplemental complaint. Logan had, on the 28th of Hovember, 1856, been appointed Receiver of the assigned properly, in a suit brought by other creditors of the assignor to procure the removal of the assignee, and the appointment of a Receiver in his place and stead, to execute the said assignment, and dispose of…
1Dissent
Bosworth, Ch. J. (Dissenting.)
It was settled law, prior to the Code, that a creditor’s bill, to reach the choses in action of the judgment debtor, could not be filed, until an execution had been issued and returned unsatisfied. And although an execution had been so issued and in fact returned, such a bill could not be filed until after the return day of the execution was passed. (McElwain v. Willis, 9 Wend., 548; Crippen v. Hudson, 3 Kern., 161.)
That such a bill could hot be filed until after the return day of the execution, was decided in Cassidy v. Meacham, (3 Paige, 311,) and the rule was…
2Cases cited5 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. ComptonThe Superior Court of New York City · 1853
- Cassidy v. MeachamNew York Court of Chancery · 1831
- Greenwood v. BrodheadNew York Supreme Court · 1850
- Reynolds v. Mayor of AlbanyNew York Supreme Court · 1850