Wilcox v. Fitch
New York Supreme Court
THIS was an action of debt, brought on the fourth section of the statute of frauds, (sess. 10. ch. 44. 1 N. R. L. 75.) to recover 1,283 dollars and 92 cents, being the amount e 70 of the condition of a bond executed on the 10th of JYomember, 1817, by Ebenezer Fitch to Bush Fitch.
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THIS was an action of debt, brought on the fourth section of the statute of frauds, (sess. 10. ch. 44. 1 N. R. L. 75.) to recover 1,283 dollars and 92 cents, being the amount e 70 of the condition of a bond executed on the 10th of JYomember, 1817, by Ebenezer Fitch to Bush Fitch. The declaration, which was of August term, 1820, alleged, that the bond was made by E. F. to defraud his creditors, contrary to the act, tac.; and that judgment was entered up on she bond, on the day of its date, and a/t./a. immediately issued on the judgment. That at the time of making such fraudulent bond, the…
1Opinion of the CourtWoodworth, J.
The objections against the plaintiff’s recovery, are, that he was not a creditor when the bond was given, and that the statute of limitations is a bar. As to the first, it appears, that previous to the execution of the bond, the *474plaintiff had commenced an action of ejectment against Ebenezer which was pending on the 10th of November, 1817, and judgment was afterwards obtained against the casual ejector; a judgment was also recovered for the mesne profits ; an execution was issued thereon, and returned nulla bona. The case of Jackson v. Myers (18 Johns. Rep. 425.) disposes of this objection;…
2Cited by6 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
- Corry v. SheaWisconsin Supreme Court · 1910
- Holden v. McLauryTexas Supreme Court · 1883
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