Greenleaf v. Mumford
New York Supreme Court
Trial by the court. The complaint in this case set out the sale and delivery, on the 12th August, 1865, by the plaintiffs, of twenty thousand dollars in gold to the defendant, Peter R. Mumford, for $28,200, payable on the delivery of the gold ; the receipt of the check for that amount, its presentment, and the refusal of the bank to pay it for want of funds; that Mumford was guilty of a fraud in the purchase of the gold, knowing well that he had no funds in the Mechanics’…
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Trial by the court. The complaint in this case set out the sale and delivery, on the 12th August, 1865, by the plaintiffs, of twenty thousand dollars in gold to the defendant, Peter R. Mumford, for $28,200, payable on the delivery of the gold ; the receipt of the check for that amount, its presentment, and the refusal of the bank to pay it for want of funds; that Mumford was guilty of a fraud in the purchase of the gold, knowing well that he had no funds in the Mechanics’ Bank to meet his checkthat Mumford had sent to. the defendant, John Oakey, certified checks on the Tradesmen’s Bank to the…
1Opinion of the CourtClerke, J.
1. Since the decision in Rinchey a. Stryker (28 N. Y., 45; S. C., 26 How. Pr., 75), I consider it no longer an open question whether, when an attachment is issued under the Code of Procedure, the plaintiff in the action obtains such a lien on the property attached as will entitle him to the intervention of the equitable jurisdiction \of the court to remove or set aside all fraudulent claims or transfers, or any other fraudulent obstacles in the way of the realization of the lien, in case the plaintiff *475should recover a judgment.* Undoubtedly, previous to that decision, a great diversity of…
2Cases cited6 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Hall v. . StrykerNew York Court of Appeals · 1863
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Rinchey v. StrykerNew York Court of Appeals · 1863
- Hall v. StrykerNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Fairchild v. Gray, New York County Courts1930
- Heye v. BollesNew York Court of Common Pleas · 1867
- Dunn v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1900
- Cogburn v. PollockMississippi Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.