McCartney v. . Bostwick
New York Court of Appeals
This was a suit in equity, to enforce in favor of creditors a statutory trust, against the grantee of lands, purchased with the debtor’s means, but conveyed to his wife by the vendor, and afterwards transferred by her to the respondent, with full notice of all the facts.
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This was a suit in equity, to enforce in favor of creditors a statutory trust, against the grantee of lands, purchased with the debtor’s means, but conveyed to his wife by the vendor, and afterwards transferred by her to the respondent, with full notice of all the facts. The question arises on demurrer to the complaint, which shows the following state of facts: The plaintiffs, in.1856 and 1857, sold goods to the defendant, A. W. Bostwick, to the amount of about $4,000. The plaintiffs then resided and still reside at St. Louis, Missouri. A. W. Bostwick then resided and still resides in…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Under our present constitution the Supreme Court is invested with general equity jurisdiction. It exercises all the powers of the old Court of Chancery, except those which have been shorn away by legislative enactment. One of the most familiar of these inherent powers, is that of granting equitable relief in cases of fraud, by enforcing the rights springing from mere trusts, whether created by will, by deed or by operation of law. This is the authority exercised…
2Cases cited10 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Innes v. LansingNew York Court of Chancery · 1839
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
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3Cited by33 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Robbins v. . RobbinsNew York Court of Appeals · 1882
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Tobin v. TobinWisconsin Supreme Court · 1909
28 more not listed; retrieve them via the Exa API.