12 N.Y.S. 276 | New York Court of Common Pleas | 1891
The city court found upon the facts before it that the defendant, Mintz, was equally well known by the name of Isaac and Israel, and held therefore that there was no misnomer in the proceedings and process. There was abundant evidence to sustain this conclusion. The defendant’s wife swore, that some persons called liim “Isaac,” and. although she could
The question of fraud was also properly disposed of. It would not be advisable to try such an issue upon a motion. The receiver has his action to set aside the judgment of these plaintiffs on the ground that the debts were fictitious, if he is disposed to try that issue. We think he loses no right in that respect by this decision. The order appealed from should be affirmed, with costs. All concur.