Benedict v. Eldridge
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment on report of referee. Action by Willis J. Benedict, as receiver of the property of William H. Eldridge, against said William H. Eldridge and others, to set aside a deed as in fraud of creditors. There was a judgment for plaintiff, and defendants appeal. Affirmed.
1DissentWard, J.
One of the questions seriously litigated upon the trial was as to the existence and bona fides of the claim of the defendant Caroline Eldridge, the wife of William, to an equitable lien upon the farm for moneys that had been advanced to her in 1876 by Aurelia Dennison; the stepmother of Caroline. Upon this subject the referee found as follows, being his eighth finding of fact:
“I further find that at the time [when the deed was made from William to George] it was agreed between the defendants George and William * * * that the said George should pay to Caroline the sum of about $375, with…
2Cases cited9 opinions
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Miller v. AdsitNew York Supreme Court · 1837
- New York Guaranty & Indemnity Co. v. GleasonNew York Court of Appeals · 1879
- Zoeller v. . RileyNew York Court of Appeals · 1885
- Selover v. . CoeNew York Court of Appeals · 1875
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