Parker v. Conner

Headnote

Transfer of property by debtor—effect of, as against creditors.—Execution out of court of common pleas on marine court judgment.

Appeal by plaintiff from a judgment entered in favor of the defendant upon the verdict of a jury, and also from the order denying plaintiff’s motion for a new trial upon the minutes.

The court at General Term, said : “The. court below was called upon to submit to the jury the question whether the sale or transfer by Halloran to the plaintiff was, or was not made in trust for the use of Halloran, or whether it was or was not made with the intent to hinder, delay or defraud the creditors of Halloran. In the first case itwas void against the then existing or subsequent creditors of Halloran, and in the second against the creditors so hindered, delayed or defrauded. . . .

“The point that the executions offered in justification were absolute nullities, because they were issued out of the court of common pleas upon judg

nients recovered in the marine court, though transcripts of the judgments had been duly filed, cannot be sustained. There is not only statutory sanction for the course pursued, but the court of common pleas has held, in several well-considéred cases, both under the marine court act of 1872, and the act of 1874, that in such cases the executions must issue out of the court of common pleas. Whether the court of common pleas was deprived of that jurisdiction by the act of 1875, need not be considered now, because that act was passed after the executions had been issued.

“ The admissibility of the Percy execution in mitigation, was determined on a former appeal in this case (44 Super. Gt. 416).”