Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 22) (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. 1897. Excerpt: ... PAQE. FOREIGN COURT--Commission to take testimony issued out of a foreign court. See Coukt. FOREIGN LAW: See Conflict Op Laws. FOREIGN STATUTE: See Conflict Of Laws. FRANCHISE TAX: See Tax. FRAUD--Judgment annulling a marriage--action to vacate it because obtained by fraud--the summons therein may be served by publication. See Everett V. Everett 473 An account stated--it may be attacked for fraud or mistake--how far errors therein must be specified in the answer. See Bergen V. Hitchings 395 See False Representation. FRAUDULENT CONVEYANCE--Preference of one creditor by an insol-vent debtor--what facts establish an intent to defraud creditors. 1. In an action brought by an attorney to set aside an assignment, made by his client, of a legacy, in recovering which the attorney had rendered legal services, it appeared that, after one adjournment of an action in a City Court brought by the attorney to recover for such services had been obtained by the client upon a statement made by his counsel that the plaintiff would be able to collect any judgment from the defendant, the attorney recovered judgment; that the client then obtained a stay of proceedings upon the ground that he was able to pay and intended to give security upon an appeal; that on the same or on the next day, when the attorney entered judgment in his action, the client assigned the legacy, his only property, to a woman who was a most intimate personal friend and a witness in his favor upon the trial in the City Court, in payment of an alleged debt to her not satisfactorily established; that within a few weeks she assigned the legacy to her sister for an inadequate consideration. There were also other cir-cumstances tending to strengthen the conclusion that the client's object was to put the proper...