Texas Co. v. McGovern

Appellate Division of the Supreme Court of New York

Texas Co. v. McGovern

254 A.D. 698, 3 N.Y.S.2d 835, 1938 N.Y. App. Div. LEXIS 7168

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 1938

StatusPublished

This text of 254 A.D. 698 (Texas Co. v. McGovern) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Texas Co. v. McGovern, 254 A.D. 698, 3 N.Y.S.2d 835, 1938 N.Y. App. Div. LEXIS 7168 (N.Y. Ct. App. 1938).

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Opinion

Plaintiff, a judgment creditor of defendant McGovern, commenced the instant action to set aside as fraudulent certain conveyances of real estate and the transfer of McGovern’s florist business, which conveyances and transfer were made shortly before the note indorsed by McGovern became due. After defendants interposed their answers, in which they denied the allegation that no part of the judgment had been paid, defendant McGovern instituted an action in equity to cancel the judgment on the ground that it had been paid. The Special Term made an order restraining the trial of the instant action until the determination of the McGovern action, and plaintiff appeals. The relief sought [699]*699in the equity action may be obtained by a proper defense and counterclaim interposed in the instant action. Therefore, it was error to make the order appealed from. (Boston & Maine Railroad v. D. & H. Co., 268 N. Y. 382, 391; Colson v. Pelgram, 259 id. 370, 375.) Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Plaintiff, a judgment creditor of defendant McGovern, commenced the instant action to set aside as fraudulent certain conveyances of real estate and the transfer of McGovern’s florist business, which conveyances and transfer were made shortly before the note indorsed by McGovern became due. After defendants interposed their answers, in which they denied the allegation that no part of the judgment had been paid, defendant McGovern instituted an action in equity to cancel the judgment on the ground that it had been paid. The Special Term made an order restraining the trial of the instant action until the determination of the McGovern action, and plaintiff appeals. The relief sought [699]*699in the equity action may be obtained by a proper defense and counterclaim interposed in the instant action. Therefore, it was error to make the order appealed from. (Boston & Maine Railroad v. D. & H. Co., 268 N. Y. 382, 391; Colson v. Pelgram, 259 id. 370, 375.) Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 698, 3 N.Y.S.2d 835, 1938 N.Y. App. Div. LEXIS 7168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-co-v-mcgovern-nyappdiv-1938.

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