Erickson v. Quinn
New York Supreme Court
This was an appeal from a judgment for the plaintiff-entered on the report of a referee. The complaint set forth an indebtedness of the defendant, O’Malley, prior to December 11th, 1860, to the Union bank of Rochester, upon which a judgment had been recovered and duly entered against O’Malley on the 21st March, 1861; the issuing and return of an execution thereon nulla bona, except as to a portion of the amount thereof, and that the balance (some $5,000) remained due and…
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This was an appeal from a judgment for the plaintiff-entered on the report of a referee. The complaint set forth an indebtedness of the defendant, O’Malley, prior to December 11th, 1860, to the Union bank of Rochester, upon which a judgment had been recovered and duly entered against O’Malley on the 21st March, 1861; the issuing and return of an execution thereon nulla bona, except as to a portion of the amount thereof, and that the balance (some $5,000) remained due and unpaid. It also set forth the fact of O’Malley’s ownership prior to December 11th, 1860, of certain real estate in…
1Opinion of the Court
*302By the Court —
Talcott, J.
This is an action in equity, instituted to have a conveyance of certain premises in the city of Rochester, made by James O’Malley to his son-in-law, John Quinn, and certain subsequent conveyances, whereby the legal title to the premises was vested in the defendant, Mary Ann Quinn, the daughter of O’Malley, set aside as fraudulent as against the creditors of O’Malley. The claim of the plaintiffs to have these deeds thus set aside, arises upon a judgment against O’Malley, an execution issued, and returned by the sheriff" of Monroe county partially unsatisfied, on the…
2Cases cited1 opinion
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
3Cited by4 opinions
- Allen v. AllenNew York Supreme Court · 1880
- King Iron Bridge & Manuf'g Co. v. County of OtoeUnited States Circuit Court · 1886
- Baldwin v. MartinThe Superior Court of New York City · 1872
- Barlow v. ArnoldU.S. Circuit Court for the District of Kentucky · 1881