National Bank of West Troy v. Levy
New York Supreme Court
Appeal from judgment on report of referee. The ¡National Bank of WestTroy brought an action against Margaret Levy, executrix, etc., of Bernard Levy, and Catharine Byan, administratrix of the estate of Michael Byan, to set asido a mortgage executed by Byan to Levy, as being in fraud of the rights of creditors. In accordance with the report of the referee, judgment was rendered in favor of plaintiff, and defendants appealed.
1Opinion of the CourtIngalls, J.
This action was brought by the plaintiff in its own behalf, and as well on behalf of all the other creditors of the estate of Michael Byan, deceased, similarly situated with the plaintiff, who might choose to come in and contribute to the expense of the prosecution of the action, and avail themselves of the benelits of the same. The purpose of the action was to have declared fraudulent and void a mortgage purporting to have been executed by said Patrick Byan, of West Troy, in the county of Albany, to said Bernard Levy, to secure the payment of $5,000, which mortgage was dated May 11, 1872,…
2Cases cited6 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
- Adee v. . BiglerNew York Court of Appeals · 1880
- Sullivan v. . MillerNew York Court of Appeals · 1887
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