Phipps v. Van Cott
New York Supreme Court
Present, S. B. Strong, Lucien Birdseye, James Emott, Justices. The plaintiffs .commenced this action against John Gr. Yan Cott, as a judgment debtor, execution against whom had been returned unsatisfied, and against fourteen other persons, who were alleged to have taken conveyances and assignments ot different parcels of the debtor’s property; which were alleged to be fraudulent, collusive and void.
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Present, S. B. Strong, Lucien Birdseye, James Emott, Justices. The plaintiffs .commenced this action against John Gr. Yan Cott, as a judgment debtor, execution against whom had been returned unsatisfied, and against fourteen other persons, who were alleged to have taken conveyances and assignments ot different parcels of the debtor’s property; which were alleged to be fraudulent, collusive and void. The defendant Johnson appeared separately, and moved that certain portions of the complaint be made more definite and certain. The defendants, John Gr. Yan Cott and others, appeared by another…
1Opinion of the Court
By the court—Birdseye, Justice.
Whatever may be thought as to the other questions in the case, there can be no doubt the plaintiffs are entitled to all the disbursements which have been incurred by them, in consequence of the numerous appearances put in by the defendants, and the multiplied proceedings which have necessarily resulted.
Mor do I doubt that the expense of printing the case and points, may properly be included in the costs. The 30th rule of this court requires that the cases and points, and all other papers furnished to the court at a general term, in calendar causes, shall be…
2Cases cited3 opinions
- United States v. BrooksSupreme Court of the United States · 1851
- Doe v. WatsonSupreme Court of the United States · 1850
- Hartman v. SpencerNew York Supreme Court · 1850
3Cited by1 opinion
- Louis v. Empire State InsuranceNew York Supreme Court · 1894