Columbus Watch Co. v. Hodenpyl
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 14, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action is brought by attaching creditors against judgment creditors, both having a lien on the same property.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 14, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action is brought by attaching creditors against judgment creditors, both having a lien on the same property. Plaintiffs claim the liens of defendants by reason of tlieir judgments and executions to be fraudulent and obstructions in the way of…
1Opinion of the CourtGray, J.
The plaintiffs were creditors of the firm of Stern & Stern, in Hew York city, and had procured attachments to be issued upon their claims as set forth in their several actions. They then brought this action for equitable relief, seeking to set aside certain judgments recovered against Stern & Stern and the executions issued thereon against the property attached, and to restrain the sheriff from paying the executions until they, these plaintiffs, could perfect judgments in their other actions. The grounds upon which plaintiffs base their right to such equitable relief are a fraudulent…
2Cases cited1 opinion
- Willis v. . SharpNew York Court of Appeals · 1889
3Cited by18 opinions
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- In re GorraNew York Surrogate's Court · 1929
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- In re GlassNew York Surrogate's Court · 1929
- In re the Estate of MullerNew York Court of Appeals · 1969
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