Legal Opinion

Metcalf v. Del Valle

New York Supreme Court

Decided May 13, 1892PublishedCited by 5 opinions

Appeal from special term, New York county. Action by Samuel G. Metcalf, as receiver of the property of Jose F. Navarro, a judgment debtor, against Jose A. Del Valle, impleaded with Josiah A.. Hyland and Jose F. Navarro, to set aside a conveyance from Navarro to Hyland. From a judgment sustaining a demurrer of Del Valle to the amended, complaint, plaintiff appeals.

1Opinion of the CourtAndrews, J.

The amended complaint alleges the following facts: That-the First National Bank of Rondout recovered judgments against the defendant-Navarro for over $25,000 on or about July 18, 1889; that on or about July 25, 1889, the plaintiff, Metcalf, was appointed receiver of said Navarro’s property in proceedings supplementary to execution, but that from the property received by him he realized about $1,900 only, and that said judgments, aside-from this, remain unpaid; that prior to December 31, 1888, the defendant Navarro owned five policies of insurance on his life for $10,000 each, payable-to his…

2Cases cited5 opinions

  1. Edmeston v. LydeNew York Court of Chancery · 1829
  2. Bostwick v. . MenckNew York Court of Appeals · 1869
  3. Corning & Norton v. WhiteNew York Court of Chancery · 1831
  4. Field v. SandsThe Superior Court of New York City · 1861
  5. Conger v. SandsThe Superior Court of New York City · 1860

3Cited by5 opinions

  1. Ward v. . PetrieNew York Court of Appeals · 1898
  2. Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
  3. Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  4. Metcalf v. Del ValleNew York Supreme Court · 1892
  5. Stock, Grain & Provision Co. v. HaightNew York Supreme Court · 1905

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