Oakley v. Tugwell
New York Supreme Court
Appeal from an interlocutory judgment overruling three demurrers interposed by the four parties defendant. Three demurrers were interposed, each upon the grounds that the complaint did not state facts sufficient to constitute a cause of action, and that several causes of action had been improperly united in the complaint. Two of the defendants joined in one demurrer, the other two, Mary A. Tugwell and Robert H. Tugwell, demurred separately.
1Opinion of the Court
Barnard, P. J.:
The principal question [in this case is whether a series of transfers of property to different persons, in pursuance of a common plan to defraud creditors, and being all parts of one and the same transaction, may be included in one action and judgment ashed against the parties that the several conveyances be set aside. This question is affirmatively answered in Martin v. Weil (33 Barb., 30, and cases therein cited). The cause of action is the fraud, and that affects all the parties guilty of it, although the several defendants set up and claim different interests in the…
2Cases cited2 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Morton v. WeilNew York Supreme Court · 1860