Case v. . Phelps
New York Court of Appeals
Appeal from an order of the Supreme Court in General Term, in the sixth district, reversing a judgment entered upon the report of a referee, and ordering a new trial. . The action was brought, on the 4th of October, 1860, by the plaintiff, a creditor of the defendant Elbridge G. Phelps, by judgment recovered on the 14th of June, 1860, for moneys paid as his surety upon notes dated in March and April, 1855, and given by Phelps for money then borrowed.
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Appeal from an order of the Supreme Court in General Term, in the sixth district, reversing a judgment entered upon the report of a referee, and ordering a new trial. . The action was brought, on the 4th of October, 1860, by the plaintiff, a creditor of the defendant Elbridge G. Phelps, by judgment recovered on the 14th of June, 1860, for moneys paid as his surety upon notes dated in March and April, 1855, and given by Phelps for money then borrowed. The object of the action is to set aside certain two conveyances claimed by the piaintiff to be fraudulent and void as to creditors of…
1Opinion of the CourtWoodruff, J.
In view of the clear and explicit language of sections 268 and 272 of the Code of Procedure, and the repeated decisions of this court, in conformity with their requirement, many of which have been reported, it seems hardly necessary to say, that this' appeal brings to us, for consideration, questions of law only, and we must therein assume, that the facts are correctly found, and upon sufficient evidence. It is not stated, in the judgment of reversal, that the judgment below was reversed on questions of fact. (Crocker v. Crocker, 31 N. Y. 507; State of Michigan v. Phenix Bank, 33 id. 10;…
2Cases cited3 opinions
- Carpenter v. . RoeNew York Court of Appeals · 1851
- Crocker v. . CrockerNew York Court of Appeals · 1865
- Savage v. MurphyThe Superior Court of New York City · 1861
3Cited by29 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Billings v. . RussellNew York Court of Appeals · 1886
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
- Shand v. . HanleyNew York Court of Appeals · 1877
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