
    
      ANN FITZPATRICK, Respondent, v. MICHAEL CURLEY, Impleaded, &c., Appellant.
    I. Fraudulent assignment or transfer.
    1.' Money judgment against assignee or transferee in action by judgment creditor of assignor or transferrer, to set aside assignment or transfer, is error.
      
    
    Before Sedgwick, Ch. J., Freedman and Truax, JJ,
    
      Decided May 2, 1881.
    The facts in this case are substantially the same as those in Murtha v. Curley (ante, p. 393); the only difference of moment being that in this case the plaintiff prayed that the chattel mortgage be declared fraudulent and void. She did not, however, pray for "an accounting, but she asked for arid obtained against the defendant, Michael Curley, an absolute money judgment for the amount of the claim. From which judgment the appeal was taken.
    
      Starr db Hoolcer, attorneys, and Geo. H. Starr, of counsel, for appellant.
    
      Adolphus D. Pape, attorney, and H. J. Bennett and H. B. Hathaway, of counsel, for respondent.
    
      
       Consult Cooke v. Smith, 3 Sandf. Ch. 333.
    
   Freedman, J.,

wrote for reversal; Sedgwick, Ch. J. , and Truax, J., concurred.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.  