Legal Opinion

Palen v. Bushnell

New York Supreme Court

Decided January 28, 1889PublishedCited by 3 opinions

Appeal from special term, New York county. Action by William Palen, receiver in supplementary proceedings of the estate of Henry Bangs, an insolvent debtor, against said Bangs and one Ezra L. Bushnell, to whom said Bangs had conveyed property in fraud of his creditors. Bushnell having died, the proceeding was revived against his executors, on motion, and defendants appeal from the order of revivor.

1Opinion of the CourtBrady, J.

The plaintiff was appointed receiver of Henry Bangs in October, 1862, on proceedings supplementary to execution, by a judgment creditor, and this action was commenced in December, 1863, for an accounting between the plaintiff as such receiver and the defendants, as to certain real and personal property fraudulently transferred by Bangs to Bushnell, on the eve of insolvency, without consideration, and with intent to hinder, delay, and defraud judgment creditors. The defendant Bushnell died June 13,1887, leaving a last will and testament, in which he appointed Adelaide E., his wife, executrix,…

2Cases cited2 opinions

  1. Coit v. . Campbell, Etc.New York Court of Appeals · 1880
  2. Holsman v. . St. JohnNew York Court of Appeals · 1882

3Cited by3 opinions

  1. Arizona Fire Insurance v. KingNew York Supreme Court · 1939
  2. Citizens' National Bank v. BangAppellate Division of the Supreme Court of the State of New York · 1906
  3. Pierson v. MorganNew York Supreme Court · 1886

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