Beards v. Wheeler

Decided September 15, 1877

New York Supreme Court · decided 1877-09-15

John A. Wheeler became indebted to Beards & Co. in about the sum of $784.76, evidenced by five promissory notes. Two matured October 26, 1876, and three afterwards, and prior to December 1, 1876. October 26, 1876, Beards & Co. brought an action in the Supreme Court against Wheeler to recover a judgment upon the first two notes.

Decided 1877-09-15

Per Cv/ria/m:

¶1The only question is whether a judgment obtained by offer of the defendant, under section 385 of the Code, should be held to be fraudulent as against subsequent judgment creditors, simply on the ground that it was really a judgment obtained by consent of the defendant. It is not claimed that there was any actual fraud.

¶2We think the opinion of the Special Tenn is satisfactory, and we need add nothing to it.

¶3The order is affirmed, with ten dollars costs and printing disbursements.

Present- — ■ Learned, P. J., Bocees and Boakdman, JJ.

¶4Order affirmed, with ten dollars costs and disbursements.