Simons v. Goldbach
New York Supreme Court
Appeal from special term, New York county. Action by Joseph Simons against Frank M. Simons and Samuel Goldbach. Sigmund Ashner, an attaching creditor of the defendants, appeals from an order denying his motion to vacate the judgment, and execution entered therein.
1Opinion of the CourtVan Brunt, P. J.
On the 4th of December, 1889, the defendants confessed a judgment in favor of the plaintiff for $4,117.58; and the same was duly entered, and an execution issued thereon on that day. The appellant, having obtained an attachment against the property of the defendants, and caused the sheriff to levy upon the identical property levied upon under said execution, made a motion to vacate the said judgment and execution upon the ground that such judgment was fraudulent and void, and was entered pursuant to a scheme to cheat and defraud .the creditors of the defendants, and that the execution was…
2Cited by7 opinions
- Galle v. . TodeNew York Court of Appeals · 1896
- Reagan v. First National BankIndiana Supreme Court · 1901
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Galle v. TodeNew York Supreme Court · 1893
- King v. MunzerThe Superior Court of New York City · 1894
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