First National Bank v. Moffatt
New York Supreme Court
Appeal from special term, Lewis county. Action by the First National Bank of Lowville against George D. Moffatt and others to set aside a conveyance made in fraud of plaintiff, as creditor of George D. Moffatt. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed.
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Appeal from special term, Lewis county. Action by the First National Bank of Lowville against George D. Moffatt and others to set aside a conveyance made in fraud of plaintiff, as creditor of George D. Moffatt. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed. Upon an indebtedness which arose in October, 1886, the plaintiff recovered a judgment December 1, 1891, for $1,747.09. George D. Moffatt, when he became indorser, in 1886, of the note which is the foundation of the indebtedness held by the plaintiff, was the owner of 48 acres of land, free from incumbrance,…
1Opinion of the CourtHardin, P. J.
Plaintiff, as a judgment creditor of George D. Moffatt, after execution returned wholly unsatisfied, brings this action to set aside conveyances of lands described in the complaint, and alleges the conveyances were fraudulent. The trial court has found as matter of fact that when plaintiff’s debt was contracted by the debtor, in 1886, he was the owner in fee simple of the real estate described in the complaint, being a farm of 48 acres, with farm buildings, which the debtor occupied then, and has continued to occupy down to the time of the trial. The value of the property was from twelve to…
Also in this document: Concurrence.
2Cases cited8 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Wright v. . NostrandNew York Court of Appeals · 1883
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- Petrie v. WilliamsNew York Supreme Court · 1893
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3Cited by1 opinion
- Bristol v. . HullNew York Court of Appeals · 1901