Jacobstein v. Abrams
New York Supreme Court
Appeal from an order made at Special Term appointing a referee to ascertain tlie facts and to report the same, with his opinion, with all convenient speed. The motion was made bj.a stranger to the action, one Otto Denecke, to set aside as fraudulent the judgment entered herein upon the confession of the defendant.
1Opinion of the Court
Beadt, P. J.:
The motion was to sot aside judgments confessed in fraud of Otto Denecke, one of the creditors of the defendant Abrams, and *273to enjoin him from selling or otherwise disposing of goods or property of any kind, levied upon by virtue of executions issued in the actions in which the judgments were confessed. The order to show cause was granted on the affidavit of one Heidenheimer, who stated that Otto Denecke, in his behalf, was the assignee of claims of many creditors of the defendant to the extent of about $13,000, and had a lien upon the merchandise in the defendant’s store; that…
2Cases cited2 opinions
- Bridenbecker v. JohnsonNew York Supreme Court · 1858
- Norris v. DentonNew York Supreme Court · 1859