Legal Opinion

Clark v. Taylor

New York Supreme Court

Decided September 15, 1885Published

Appeal from a judgment in favor of the plaintiffs, entered upon the trial of this action by the court without a jury.

1Opinion of the Court

Follett, J.:

This is an appeal from a judgment, entered upon the decision of the Special Term, setting aside a general assignment as fraudulent and voidable as against the plaintiffs. September 4, 1882, the plaintiff had the right to immediately enter a judgment in the Supreme Court against Daniel E. Taylor for upwards of $500, his time in which to appear in the action having expired. ITad this right been exercised and an execution issued, the evidence shows that the plaintiffs’ demand would have been collected. To induce the plaintiffs to refrain from enforcing these remedies, Taylor agreed…

2Cases cited2 opinions

  1. Spear & Ripley v. WardellNew York Court of Appeals · 1848
  2. Hauselt v. VilmarThe Superior Court of New York City · 1877

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