Agricultural Insurance v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonardo D. Y. Smith, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 2d day of February, 1906, offsetting against a judgment for" costs obtained in this action by the said, defendant • Smith, a prior judgment obtained by the plaintiff against the-said defendant, and also from an order entered in said clerk’s office on the 7th day of February, 1.906,…
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Appeal by the defendant, Leonardo D. Y. Smith, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 2d day of February, 1906, offsetting against a judgment for" costs obtained in this action by the said, defendant • Smith, a prior judgment obtained by the plaintiff against the-said defendant, and also from an order entered in said clerk’s office on the 7th day of February, 1.906, amending said order appealed from.
1Opinion of the Court
Clarke, J.:
The plaintiff recovered a judgment against the defendant Smith in the Supreme Court, Onondaga county, for $884.88, on December 7, 1900. On June 4, 1904, the plaintiff commenced this judgment creditor’s action against Smith and others, alleging certain fraudulent acts on the part of Smith and asking 'for judgment that. *841certain real property of which the Hillsdale ¡Realty Company was owner of record, be adjudged to be the property of Smith, and that it be sold to pay the aforesaid judgment and for costs against Smith. Smith interposed an answer by William L. Marshall, his attorney.…
2Cases cited5 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Bevins v. AlbroNew York Supreme Court · 1895
- Barry v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Pomeranz v. MarcusAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- MacK v. Hugger Bros. ConstructionCourt of Appeals of Tennessee · 1929
- Malman v. United StatesCourt of Appeals for the Second Circuit · 1953
- Fliashnick v. BurkeAppellate Division of the Supreme Court of the State of New York · 1917
- In re SteeleAppellate Division of the Supreme Court of the State of New York · 1915