Commercial Bank v. . Sherwood
New York Court of Appeals
Appeal, by permission, from so much of a judgment of the Appellate Division of the Supreme. Court in the fourth judicial department, entered October 18, 1897, as affirms that part of a judgment dismissing the complaint as to the defendant Frederick A. Sherwood, entered upon a decision of the court on trial at an Equity Term.
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Appeal, by permission, from so much of a judgment of the Appellate Division of the Supreme. Court in the fourth judicial department, entered October 18, 1897, as affirms that part of a judgment dismissing the complaint as to the defendant Frederick A. Sherwood, entered upon a decision of the court on trial at an Equity Term. The plaintiffs, as judgment creditors of Thomas Bolton, brought this action to set aside a bill of sale of a shoe manufacturing plant, made by Bolton to the defendants Sherwood and Catharine Bolton, in August, 1893, upon the ground that the sale was made to hinder, delay…
1Opinion of the CourtGray, J.
It should first be understood what effect is to be given to the order of the Appellate Division, which allowed this appeal and then certified the two questions mentioned to this court. By subdivision two of section 191, of the Code of Civil Procedure, it was provided that no appeal should • be taken to this court from a judgment of affirmance rendered in such an action as this, brought “ to set aside a judgment, sale, transfer, conveyance, assignment or written instrument, as in fraud of the rights of creditors, * * * when the decision of the Appellate Division of the Supreme Court is…
2Cases cited2 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Seymour v. . WilsonNew York Court of Appeals · 1859
3Cited by20 opinions
- Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
- Bondy v. HarveyCourt of Appeals for the Second Circuit · 1933
- In re North Babylon Estates, Inc.Court of Appeals for the Second Circuit · 1928
- New York County National Bank v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Steinle v. CommissionerUnited States Board of Tax Appeals · 1930
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