Legal Opinion

Montgomery v. Boyd

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 2 opinions

Appeal- by the defendants, William F. Dunning and others, from, a portion of an- order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of May, 1901, allowing an amendment to' a supplemental summons and amended complaint.

1Opinion of the Court

Hatch, J. :

The object of this action, as set forth in the. amended complaint, is to establish the claim of the. plaintiff, the assignee of certain debts and demands against James McHenry, deceased, and to obtain payment and satisfaction thereof out of property which originally belonged to said McHenry, and which the plaintiff avers was transferred in fraud of creditors.

Heretofore an order was made in the action, upon affidavits, and *191the complaint, directing the service of the summons upon certain non-resident defendants by the publication thereof, or personally without the State. This order…

2Cases cited3 opinions

  1. Cates v. AllenSupreme Court of the United States · 1893
  2. Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
  3. Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by2 opinions

  1. Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1909
  2. People v. Harrison Street Cold Storage Co.Appellate Division of the Supreme Court of the State of New York · 1910

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