Wright v. . Nostrand
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, entered upon an order made March 8, 1881, which reversed a judgment in favor of plaintiff,' entered upon a decision of the court on trial at Special Term, and ordered a new trial. (Reported below, 15 J. & S. 441.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of New York, entered upon an order made March 8, 1881, which reversed a judgment in favor of plaintiff,' entered upon a decision of the court on trial at Special Term, and ordered a new trial. (Reported below, 15 J. & S. 441.) The nature of the action and the material facts are stated in the opinion. In the éxecution issued on the Arnold judgment the teste and the direction to return to the office of the clerk of the city and county of New York were mere surplusage. (Carpenter v. Simmons, 28 How. 12, 16; 1 Robt. 360; Fake…
1Opinion of the Court
Ruger, Ch. J.
This is an equity action brought by the plaintiff, as receiver of the property and effects of the defendant, Elbert Nostrand, to set aside certain alleged fraudulent conveyances theretofore made by said Nostrand to the other defendants herein, and subject the property therein described to the lien of certain judgments.
The plaintiff claimed to derive his authority as such receiver by. virtue of his appointment under proceedings supplementary to execution taken in three several actions wherein judgments had been obtained against said Elbert Nostrand. The trial resulted in a…
2Cases cited20 opinions
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Foot v. StevensNew York Supreme Court · 1837
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Edmonston v. . McLoudNew York Court of Appeals · 1858
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3Cited by67 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- People v. . JohnsonNew York Court of Appeals · 1888
- Hahl v. . SugoNew York Court of Appeals · 1901
- Sweetser v. FoxUtah Supreme Court · 1913
- Agricultural Ins. Co. v. . BarnardNew York Court of Appeals · 1884
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