Aultman Taylor Co. v. . Syme
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21,1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. No valid execution was ever issued upon the judgment. (L. 1894, ch. 447; Code Civ. Pro. §§ 123, 1239, 1246 ; F. H. Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21,1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. No valid execution was ever issued upon the judgment. (L. 1894, ch. 447; Code Civ. Pro. §§ 123, 1239, 1246 ; F. H. Nat. Bank v. Bussing, 147 N. Y. 665; O. Nat. Bank v. Olcott, 46 N. Y. 12; Harvey v. Brisbin, 143 N. Y. 151; Adsit v. Butler, 87 N.…
1Concurrence
This is a judgment creditor's action brought to set aside an assignment made by the defendant Frederick J. Syme to his wife, the defendant Mary A. Syme, of the former's interest as residuary legatee in the estate of an uncle, David H. Syme. The learned Appellate Division not only decided that the evidence was insufficient to uphold the finding of the trial court that the assignment was fraudulent, but further held that the execution on the plaintiff's original judgment, which is the foundation of the present action, was issued after the statutory period of five years (Code Civ. Pro. § 1375),…
2Cases cited19 opinions
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- Dutcher v. WrightSupreme Court of the United States · 1877
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Taylor v. BrownSupreme Court of the United States · 1893
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