Legal Opinion

White's Bk. of Buffalo v. . Farthing

New York Court of Appeals

Decided January 26, 1886PublishedCited by 28 opinions

Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 23, 1885, affirming an order of the Special Term denying motions on the part of the German-American Bank of Buffalo, the Merchants’ Bank of Buffalo, the Third Rational Bank of Buffalo, and others, that they might be brought in as parties defendant herein.

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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 23, 1885, affirming an order of the Special Term denying motions on the part of the German-American Bank of Buffalo, the Merchants’ Bank of Buffalo, the Third Rational Bank of Buffalo, and others, that they might be brought in as parties defendant herein. The action was brought by plaintiff as judgment creditor of the defendant Matilda Farthing, to set aside certain conveyances of real estate made by her, which were alleged to be fraudulent as against creditors, and for the sale of such…

1Opinion of the CourtAndrews, J.

The judgments in favor of the German-Amer-icon Bank, were recovered November 13, 1883, and the deficiency judgment in favor of the banks other than the plaintiff, April 8, 1884. The judgment in favor of the plaintiff’s bank was recovered February 4, 1884, and this action was commenced November 14, 1884. The several judgments became liens on lands fraudulently conveyed by Matilda Farthing, the judgment debtor, in the order of their docketing, and they could have been sold on executions issued on the judgments. The plaintiff however elected to bring its action to remove the alleged fraudulent…

2Cases cited3 opinions

  1. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
  2. Brinkerhoff v. BrownNew York Court of Chancery · 1822
  3. The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879

3Cited by28 opinions

  1. Harley v. . PlantNew York Court of Appeals · 1914
  2. In re LacailleNew York Supreme Court · 1964
  3. Weil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1890
  4. Jackson v. HolbrookSupreme Court of Minnesota · 1887
  5. Wood v. Sidney Sash, Blind & Furniture Co.New York Supreme Court · 1895

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