Johnson v. Rapalyea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Horace H. Rapalyea and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of July, 1894, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought by the plaintiff as a judgment creditor of the firm of Horace IT. Eapalyea & Go., composed of the defendants, Horace IT. Eapalyea, Frank Nickerson and John S. Provost, on behalf of himself and all other judgment creditors similarly situated who might come in and contribute to the expenses of the action, to set aside an assignment made by said Eapalyea & Co., and certain mortgages given and judgments suffered by them, as being fraudulent and void and of no effect as against the plaintiff and such other judgment creditors, and also to have the…
2Cases cited1 opinion
- Morris v. . TalcottNew York Court of Appeals · 1884
3Cited by2 opinions
- Perry v. BoothAppellate Division of the Supreme Court of the State of New York · 1901
- In re DonleyNew York Supreme Court · 1910