New York Superior Court Reports (Volume 44) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1879 Excerpt: ... Statement of the Case. From this judgment defendant appealed to the general term. N. &M. Mies, attorneys, and W. W. Niles, of counsel, for appellant. Davies, Work, McNamee & Hilton, for respondent. Per Curiam.--The judgment should be affirmed on the opinion delivered at special term, with costs. WILLIAM AEROWSMITH, Receiver, &c., PlaintIff And Respondent, V. TIMOTHY O'SULLIVAN, Et Al., Defendants And Appellants. Fraudulent Conveyahcks.--Refusal Toitnd. One who sells goods to a party, after a conveyance by him, presumptively void as against creditors, but before actual change of possession, is a creditor, within the meaning of the statute. Exceptions to the refusal of a judge or referee to pass upon questions of fact present no questions for review on appeal. Before Curtis, Ch. J., and Freedman, J. Decided January 6, 1870. Appeal by the defendants O'Sullivan and wife, from a judgment adjudging certain sales of O' Sullivan as fraudulent and void. The action is brought by the plaintiff as receiver, for the benefit of certain judgment creditors of the defendant Timothy O'Sullivan, to set aside as fraudulent conveyances of real and personal estate, executed by him to his wife's brother, and by the latter conveyed to the defendant, Mary 0'Sullivan, the wife of the judgment debtor. Statement of the Case. The said creditors sold defendant the goods, for the price of which their judgments were recovered, after the conveyances in question, but before actual change of possession thereunder. Upon the settlement of the case, certain questions of fact were presented, and the court was requested by defendant to pass upon them, but refused, because they should not be in such form, and because they were immaterial, or referred to items of evidence rather than to conclusions...