Voorhees v. Unger
Appellate Division of the Supreme Court of the State of New York
Appeal by- the defendants, G-ussie Unger and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 13th day of May, 1.911, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Burr, J.:
This case comes before us for a second time. Upon the first appeal a judgment in favor of plaintiffs was reversed for insufficiency of evidence to establish fraud. (142 App. Div. 543.) The same difficulty now exists. As was pointed out in the former opinion, causes of action were improperly joined. As this objection was not properly raised, we must deal with the three alleged fraudulent transactions separately.
So far as the conveyance from Unger to Sarah Krane is concerned, there is no evidence that at the date thereof Unger was insolvent, or that by means thereof he became so. There…
2Cases cited6 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1909
- Kirby v. PresidentAppellate Division of the Supreme Court of the State of New York · 1897
- Barr v. SofranskiAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Schmidt's WillNew York Surrogate's Court · 1912
- Klein v. GallinNew York Supreme Court · 1913
- Voorhees v. UngerAppellate Division of the Supreme Court of the State of New York · 1914
- W. N. Hallock Co. v. HaigAppellate Terms of the Supreme Court of New York · 1916