Hart v. Albright
The Superior Court of New York City
Demurrer on the ground that the complaint did not state facts sufficient to constitute a cause of action. The action was brought by William Hart, jr., against Charles H. Albright and Joseph Steindler.
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Demurrer on the ground that the complaint did not state facts sufficient to constitute a cause of action. The action was brought by William Hart, jr., against Charles H. Albright and Joseph Steindler. After setting forth the recovery of a judgment by plaintiff against defendants, and the issuing and return of an execution unsatisfied, the complaint alleged as follows: (1.) That a short time before the commencement of the action in which the judgment was obtained, and after the indebtedness upon which the said judgment was obtained had accrued, the said defendants were, and for several years…
1Opinion of the CourtMcAdam, J.
This is a creditor’s bill, filed to obtain discovery from the defendants of certain book accounts concealed, withheld and transferred in fraud of creditors. The result' sought might have been obtained by supplementary proceedings, and Taylor v. Persse (15 How. Pr. 417), holds the latter to be the appropriate remedy, while Abbott, in his Digest of Cases Criticised (p. 756), says this case must be regarded as overruled. Throop, in his preliminary note to section 1871 of-the Code, says that the ancient equitable jurisdiction of the courts in regard to creditors’ bills has been preserved, and…
2Cases cited1 opinion
- Taylor v. PersseNew York Supreme Court · 1858
3Cited by2 opinions
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
- Koellhoffer v. PetersenNew York Supreme Court · 1913