Frank Shepard Co. v. Zachary P. Taylor Publishing Co.

We agree with the Appellate Division that this action was not barred by the prior judgment recovered in the action to set aside the chattel mortgage as a fraud upon creditors. We also agree with the Appellate Division that this action is not barred by the Statute of Limitations, but we do not agree with the application of that statute as stated in its opinion. The Appellate Division was of the opinion that the ten-year Statute of Limitations applied. (Code of Civil Procedure, section 388.) This action was brought by the plaintiff as a judgment creditor under section 66 of the Stock…