National Tradesmen's Bank v. Wetmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 9, 188Y, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed final judgment against plaintiff dismissing tiie complaint with costs.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 9, 188Y, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed final judgment against plaintiff dismissing tiie complaint with costs. This action was brought to set aside, as fraudulent, a deed from Abner 0. Wetmore through a third person to his wife, the defendant herein, and for a sale of the lands described therein in order to pay a debt due plaintiff from said Abner C. Wetmore. Between August 20,…
1Opinion of the CourtBradley, J.
The question in limine is whether the plaintiff had any standing in court to enable it to attack, as fraudulent against the creditors of the grantor, the conveyance made by Abner C. Wetmore to his wife, the defendant, through a third person, of the land in question situated in this state; and that proposition arises on the fact that no execution had been issued and returned unsatisfied founded upon any judgment recovered by the plaintiff upon the debt due to it from such grantor. The action certainly could not, as a creditor’s bill, under the statute, be maintained,' because recovery of a…
2Cases cited12 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Shellington v. . HowlandNew York Court of Appeals · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Court of Appeals for the Second Circuit · 1927
- Mueller v. BrussWisconsin Supreme Court · 1901
- Earle v. GroveMichigan Supreme Court · 1892
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