Loeschigk v. Addison
The Superior Court of New York City
Appeal by both parties from a judgment. This action was brought by the plaintiffs, Wjlliám Loeschigk, Otto Wesendonk, Gusta vus Kutter, and Edward Luckemeyer, judgment-creditors of Samuel D. Addison, as survivor of Joseph Addison, against tfie defendants, to set aside as fraudulent and void certain conveyances, assignments, and transfers of property made by Samuel E>. Addison to the defendant Rachel A. Addison, and also to the defendants Hatfield & Marshall.
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Appeal by both parties from a judgment. This action was brought by the plaintiffs, Wjlliám Loeschigk, Otto Wesendonk, Gusta vus Kutter, and Edward Luckemeyer, judgment-creditors of Samuel D. Addison, as survivor of Joseph Addison, against tfie defendants, to set aside as fraudulent and void certain conveyances, assignments, and transfers of property made by Samuel E>. Addison to the defendant Rachel A. Addison, and also to the defendants Hatfield & Marshall. The cause was tried by Mr. Justice Barbour, without a jury, who found the facts established by the evidence, and thereupon rendered the…
1Opinion of the Court
By the Court.*—Monell, J.
The only judgment which could be entered upon the decision of the justice who tried this cause was, that the deed to Rachel A. Addison was not fraudulent and void; -that the goods transferred to Hatfield & Marshall could not be reached in this action, and that the assignment of the securities in the Pacific Bank was void. This was the whole of the decision. The learned justice did not determine any other question, and the judgment which it was proper to enter should have embraced only the points decided.
The paper purporting to be a judgment, and which recites the…
2Cases cited10 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Dunham v. . WatermanNew York Court of Appeals · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cornell v. CornellNew York Court of Appeals · 1959
- Broder v. ConklinCalifornia Supreme Court · 1893
- Clapp v. . HawleyNew York Court of Appeals · 1885
- Estate of Agliata v. AgliataNew York Supreme Court · 1992
- Musso v. Ostashko (In Re Ostashko)District Court, E.D. New York · 2005
4 more not listed; retrieve them via the Exa API.