Underwood v. . Sutcliffe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 10 Hun, 453.) This action was brought by plaintiff, as receiver, appointed in proceedings supplementary to execution, issued upon a judgment in favor of one Ferris against defendant Henry C. Sutcliffe, to have said judgment declared a lien upon certain premises alleged to have been purchased and paid for by said judgment debtor, but conveyed by his directions and for the…
1Opinion of the CourtAndrews, J.
The judge at Special Term found that the consideration for the conveyance by Wetherby to the defendant William Sutcliffe in 1867, of the lot upon which the malt-house was subsequently erected, was paid by Henry C. Sutcliffe, the judgment debtor, and that the conveyance was taken in the name of his son, for the purpose of preventing and hindering Ferris, whose suit was then pending against Henry C. Sutcliffe, from collecting his demand. Ferris subsequently recovered a judgment in the suit, and issued an execution thereon, which was returned unsatisfied, and thereupon proceedings against the…
2Cases cited3 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Bostwick v. . MenckNew York Court of Appeals · 1869
3Cited by24 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Ward v. . PetrieNew York Court of Appeals · 1898
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Powell v. . WaldronNew York Court of Appeals · 1882
- Gilbert v. StockmanWisconsin Supreme Court · 1892
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