Colburn v. Morton
New York Court of Appeals
Charles B. Colburn brought this action in the supreme court against Jfianson P. Morton and Horace Gaylord, to set aside an assignment for fraud. The respondents, together with William W. Mann, were the assignees of one Jesse Frye.
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Charles B. Colburn brought this action in the supreme court against Jfianson P. Morton and Horace Gaylord, to set aside an assignment for fraud. The respondents, together with William W. Mann, were the assignees of one Jesse Frye. The plaintiff, a judgment creditor of Frye, having obtained judgment against him, and an execution issued thereon against him having been duly returned, nulla Iona, instituted this action to set aside the assignment as fraudulent and void ns against creditors, and to reach the property of Frye and have the same applied in payment and satisfaction of his judgment.…
1Opinion of the Court
By the Court.
Bockes, J.
This is an appeal from an order of the general term of the supreme court, reversing the judgment of the special term, entered on the report of a referee, the appellant stipulating that judgment absolute might be entered against him, if the order should be affirmed.
The action was brought by a judgment creditor against his debtor, and the assignees of the latter, to set aside an assignment for fraud, and to have the assigned property 'and its avails applied in satisfaction of the judgment. The action was referred to Isaac A. Verplanck, as referee, “to hear, try, and…
2Cases cited11 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Wakeman v. GroverNew York Court of Chancery · 1832
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
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3Cited by1 opinion
- Hooley v. GieveNew York Court of Common Pleas · 1878