Legal Opinion

Wright v. Nostrand

The Superior Court of New York City

Decided June 13, 1881Published

This is an action brought by the plaintiff, as receiver of Elbert Nostrand, one of the defendants, to set aside certain conveyances made by said Elbert Nostrand to the defendant, John R. Cypert, and by said Cypert and wife to the defendant, Mary A. Nostrand, the wife of the defendant, Elbert Nostrand, on the ground that such conveyances were made in fraud of the creditors of said Elbert Nostrand, and without any consideration having been paid therefor by said Cypert or by…

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This is an action brought by the plaintiff, as receiver of Elbert Nostrand, one of the defendants, to set aside certain conveyances made by said Elbert Nostrand to the defendant, John R. Cypert, and by said Cypert and wife to the defendant, Mary A. Nostrand, the wife of the defendant, Elbert Nostrand, on the ground that such conveyances were made in fraud of the creditors of said Elbert Nostrand, and without any consideration having been paid therefor by said Cypert or by said Mary A. Nostrand. Said conveyances were made on February 12, 1874. The judgments in which the plaintiff was appointed…

1Opinion of the Court

By the Court.—Truax, J.

The motion to dismiss the complaint because the order appointing plaintiff' receiver had not been filed or recorded in the office of' the register of the city and county of New York, was-rightly denied. Chapter 86 of the Laws of 1813 simply directs that any papers therein mentioned, that are-thereafter directed by the legislature to be recorded or registered without specifying the place where they* should be recorded or registered, shall be recorded an d. registered in the office of the register of the city and county of New York, but when any subsequent law specifies…

2Cases cited13 opinions

  1. McCulloch v. . NorwoodNew York Court of Appeals · 1874
  2. People Ex Rel. Kingsland v. . PalmerNew York Court of Appeals · 1873
  3. Farnham v. HildrethNew York Supreme Court · 1860
  4. People ex rel. Navano v. Van NortNew York Supreme Court · 1872
  5. Reese v. BurtsSupreme Court of Georgia · 1869

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