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118 A.D. 774

Wright v. Simon

Appellate Division of the Supreme Court of the State of New York · decided 1907-04-12

Appeal by the defendants, Jennie Simon and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of December, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ demurrers to the plaintiff’s complaint.

Relies on Brinkerhoff v. Brown · Porter v. . International Bridge Co.

Decided 1907-04-12

Lambert, J.:

¶1The courts of this State have time and time again expressed the view that a series of acts involving different conveyances and fraudulent judgments made to different parties at different times could properly be the subject of one bill in equity to reach the property for creditors, provided only it was alleged that the same was done pursuant to a single and forbidden scheme. It is alleged that the several transactions were .made without consideration and with a continuing intent to cheat and defraud creditors. (Brinkerhoff v. Brown, 6 Johns. Ch. 139; Wood v. Sidney S., B. & F. Co., 92 Hun, 22; Porter v. International Bridge Co., 163 N. Y. 79.) As a pleading simply we hold it to be good.

¶2The judgment is affirmed, with costs, with leave to defendants to withdraw demurrers and to answer within twenty days, upon payment of costs in*this court and in the court below.

¶3Patterson, P. J., McLaughlin, Houghton and Scott, JJ., concurred.

¶4Judgment affirmed, with costs, with leave to defendants to withdraw demurrers and to answer on payment of costs in this court and in the court below.

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