Carstairs v. Spear
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Helen M. Spear, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of August, 1921, upon the decision of the court rendered after a trial at the New York Special Term, adjudging the bill of sale dated April 30, 1918, from the defendant James Spear, Jr., to the defendant Helen M. Spear as fraudulent, null and void and of no effect, and further adjudging the…
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Appeal by the defendant, Helen M. Spear, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of August, 1921, upon the decision of the court rendered after a trial at the New York Special Term, adjudging the bill of sale dated April 30, 1918, from the defendant James Spear, Jr., to the defendant Helen M. Spear as fraudulent, null and void and of no effect, and further adjudging the title to the personal property therein set forth as being in the defendant James Spear, Jr., and enjoining and restraining…
1Opinion of the Court
Laughlin, J.:
On the 30th of January, 1920, a judgment by confession for $26,302.75 was duly entered in the Supreme Court, New York county, in favor of the plaintiffs and against the defendant James Spear, Jr. Execution was duly issued on the judgment, and under it the sheriff levied on certain personal property in the possession of the appellant, who asserted title thereto. Her claim with respect to the property was presented to and tried by a sheriff’s jury in the manner prescribed in sections 1418 and 1419 of the Code of Civil Procedure, and a verdict was rendered in her favor. The judgment…
2Cases cited10 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Smith v. . ReidNew York Court of Appeals · 1892
- Kain v. . LarkinNew York Court of Appeals · 1892
- Forbes v. . WallerNew York Court of Appeals · 1862
- Carpenter v. . RoeNew York Court of Appeals · 1851
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3Cited by4 opinions
- Pirrone v. Toboroff (In Re Vaniman International, Inc.)United States Bankruptcy Court, E.D. New York · 1982
- In re the Estate of SmithNew York Surrogate's Court · 1930
- Marcus v. KaneCourt of Appeals for the Second Circuit · 1927
- In re the Estate of SokoloffNew York Surrogate's Court · 1938