New York Court of Appeals

Horace K. Thurber, Appellant v. Philip Blanck, Respondent; Horace K. Thurber, Appellant, v. Philip Blanck…

November 12, 187250 N.Y. 80

Summary

The Court of Appeals affirmed the lower courts, holding that a creditor cannot bring an independent action to set aside a fraudulent assignment of a bond and mortgage for the purpose of attachment, and that the sheriff lacks authority to sue the assignee to effect such attachment; debts and choses in action are attachable only when the attachment acts directly on legal title, otherwise they are merely equitable assets.