T. New Manufacturing Co. v. Galway
New York Supreme Court
Action by the T. New Manufacturing Company, a corporation, against Harry Galway and Elias T. Hatch to declare that certain land which had been conveyed to Galway was in reality the property of Hatch, and to establish thereon the, lien of a judgment against said Hatch. The complaint was dismissed, and defendants move for an extra allowance.
1Opinion of the CourtLawrence, J.
As the two defendants appeared by the same attorney, but one allowance can be granted. It has been distinctly held that in an action brought by a judgment creditor to set aside a conveyance of land made by the defendant on the ground that it was made with intent to hinder, delay, and defraud his creditors, in which action the plaintiff succeeds, an extra allowance must be based upon the amount due to the plaintiff upon his judgment, and not upon the value of the land. Potter v. Farrington, 24 Hun, 551. The same rule must apply where the defendant succeeds, as in this case, inasmuch as the…
2Cited by5 opinions
- Herzberg v. BoiesenCity of New York Municipal Court · 1897
- Quail v. NelsonAppellate Division of the Supreme Court of the State of New York · 1899
- Quail v. NelsonAppellate Division of the Supreme Court of the State of New York · 1899
- Steinhardt v. TurkCity of New York Municipal Court · 1896
- Steinhardt v. TurkCity of New York Municipal Court · 1896