Claflin v. Gordon
New York Supreme Court
Appeal by certain creditors of the defendant Donald Gordon from so much of the judgment, entered upon the decision of the Monroe Special Term, as adjudges that the defendant Wollf, as receiver, etc., shall first pay the judgments of the plaintiffs and Cooper & Co., and that until they ax’e paid nothing shall be paid out of this fund upon the judgments of the appellants.
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Appeal by certain creditors of the defendant Donald Gordon from so much of the judgment, entered upon the decision of the Monroe Special Term, as adjudges that the defendant Wollf, as receiver, etc., shall first pay the judgments of the plaintiffs and Cooper & Co., and that until they ax’e paid nothing shall be paid out of this fund upon the judgments of the appellants. The action is in the nature of a creditor’s bill, and was commenced on the 26th day of Januaiy, 18S4, to set aside as fraudulent as against the creditors of Gordon a general assignment made by him to the defendant Wollf,…
1Opinion of the Court
Bradley, J.:
The question is: what right did the appellants derive from the successful prosecution of the action? They contend that by the invitation and opportunity given to the creditors by plaintiffs’ complaint, they were permitted for all practical purposes to become parties to the action, share with the plaintiffs the expenses and benefits of it, and entitled, on coming in, to a standing equal with that of the plaintiffs in respect to the result and in the distribution of the fund.
The plaintiffs were at liberty to bring their action either for their exclusive benefit or in behalf of…
2Cases cited13 opinions
- Johnson v. WatersSupreme Court of the United States · 1884
- Murray v. BallouNew York Court of Chancery · 1815
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Wakeman v. GroverNew York Court of Chancery · 1832
- Edmeston v. LydeNew York Court of Chancery · 1829
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