Fenton v. Duckworth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter F. Duckworth, from, an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of October, 1908.
1Opinion of the Court
Jenks, J.:
This is an appeal by the defendant from an order of the Special Term vacating an order that vacated a body execution against the defendant. ■ There was no order of arrest granted. The plaintiff’s right to tiiis i'emedy is to be determined by the allegations of lier ocmplaint (Bacon v. Grossmann, 90 App. Div. 204), in view of the provisions of section 549 of the Code of Civil Procedure. The. plaintiff for a first cause of action complains that she conveyed certain premises without consideration to the defendant, who. was an agent and trustee in charge of her real estate, upon" his…
2Cases cited6 opinions
- Moffatt v. . FultonNew York Court of Appeals · 1892
- Miller & Becker v. ScherderNew York Court of Appeals · 1849
- Bacon v. GrossmannAppellate Division of the Supreme Court of the State of New York · 1904
- Ensign v. NelsonNew York Supreme Court · 1888
- Broome v. CochranNew York Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lyon v. PrescottSupreme Court of Vermont · 1931
- Walker v. SanfordNew York Supreme Court · 1926
- B. I. P. (Export), Ltd. v. IsaacsDistrict Court, S.D. New York · 1935
- Aaron v. RichmondNew York Supreme Court · 1920