George W. Cuyler, Assignee of William T. Cuyler, Appellant v. Hugh McCartney, Allen Ayrault, Anson D. Smith…

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that out‑of‑court statements by the assignor cannot be admitted to prove fraud against the assignee unless an independent showing of a conspiracy exists, and that the assignee's conduct after taking possession may be considered evidence of fraud. Justice Woodruff’s opinion was contested by a dissent that argued the evidence should have been admitted.