New York Court of Appeals

Eliza W. White, Respondents v. Anna Byron Benjamin and Cyrus v. Kean, as Assignee of Edward M. Benjamin, for…

October 13, 1896150 N.Y. 258

Summary

The Court of Appeals affirmed the judgment that set aside the transfers of property made by Edward M. Benjamin as fraudulent, and dismissed the appeal from the General Term's discretionary order denying a new trial. The Court held that the trial court's findings of fact were not reviewable, that the debtor's books of account were competent evidence in a creditors' action, and that discretionary orders are not subject to appellate review.