¶1As in the surplus proceedings all questions as to the fraudulent character of the conveyances can be tested, there seems to be no reason why these proceedings should be stayed until the revival and trial of an action commenced 16 years ago. The appellant in that action would have no right to a trial by jury if it is an action to set aside a conveyance as fraudulent. If the appellant’s action is for the recovery of damages for fraud and deceit, a recovery in the action would in no way establish any lien upon the surplus moneys in the proceeding. The order appealed from should be affirmed, with costs.
25 N.Y.S. 374
Wolfers v. Duffield
Decided October 13, 1893
New York Supreme Court · decided 1893-10-13
Action by Gustavus Wolfers against John J. Duffield and others to foreclose a mortgage given by defendant Duffield to plaintiff' on premises situate on the corner of Seventy-Eighth street and Second avenue.
Affirmed · Decided 1893-10-13