Peck v. . Yorks
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term requiring William J. Bounce, as assignee of the cause of action herein, to pay defendant’s costs. 0 This action was brought to enforce the collection of four judgments held by plaintiff against defendant York, out of certain property alleged to have been transferred to the other defendants in fraud of the creditors óf said York, and to be held by…
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term requiring William J. Bounce, as assignee of the cause of action herein, to pay defendant’s costs. 0 This action was brought to enforce the collection of four judgments held by plaintiff against defendant York, out of certain property alleged to have been transferred to the other defendants in fraud of the creditors óf said York, and to be held by them for his benefit. The further facts appear in the opinion. The assignee of a cause of action pending a litigation,…
1Opinion of the CourtMiller, J.
This action was commenced in 1861 ; and in the month of September, 1867, the plaintiff, having become indebted to one Dounce, for advances made by him, to the ° amount of $1,700, and other loans being in contemplation, assigned to said Dounce four several judgments mentioned .in the complaint and also another one. The affidavit of Dounce, in opposition to the motion made to compel him to pay the costs of defending this action, contains a copy of the assignment by the plaintiff of the judgment not mentioned in the complaint, which provides that it is to be held by Dounce “ as collateral…
2Cases cited5 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Grant v. . TallmanNew York Court of Appeals · 1859
- Miller v. FranklinNew York Supreme Court · 1839
- Wolcott v. . HolcombNew York Court of Appeals · 1865
- Nelson v. EdwardsNew York Supreme Court · 1863
3Cited by8 opinions
- Michael v. StateNew York Court of Claims · 1948
- Davis Schenck v. . HigginsSupreme Court of North Carolina · 1885
- Thorn v. BeardNew York Supreme Court · 1893
- Carothers v. GEICO Indemnity Co.Civil Court of the City of New York · 2006
- Dreyer v. Otter Tail Power Co.Supreme Court of Minnesota · 1939
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