Hackley v. Draper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a decision of the court at Special Term. (Reported below, 2 Hun, 523; 4 N. Y. S. C. [T. & C], 614.) This action was brought to set aside, on the ground of fraud, a sale made by Robert Yelverton, receiver, etc., of a judgment against one Simeon Draper, and to cancel and set aside the assignment of the judgment by the receiver, and a satisfaction thereof executed by the purchaser. The findings of fact by the court, as far as pertinent to the…
1Opinion of the CourtMiller, J.
The counsel for the defendant claims, that if the plaintiffs were entitled to any relief in this action their true remedy was to apply to the court, by motion, in the action in which the receiver was appointed. The Special Term .had authority, no doubt, to hear a motion for the purpose indicated, and could have vacated the sale made by the receiver, although it- is not so clear that the equitable rights of the parties could have been as well protected and disposed of in this form as could be done in an action brought especially for that purpose. But even if a motion could have been made, I…
2Cases cited5 opinions
- Brown v. FrostNew York Court of Chancery · 1843
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Gould v. MortimerNew York Supreme Court · 1863
- Libby v. RosekransNew York Supreme Court · 1869
- McCotter v. . JayNew York Court of Appeals · 1864
3Cited by6 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Cutler v. . WrightNew York Court of Appeals · 1860
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Illinois Trust & Savings Bank v. Pacific Railway Co.California Supreme Court · 1897
- Manhattan Life Insurance v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1906
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