Hewitt v. . Northrup
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below,' 9 Hun, 543.) This action was brought by plaintiffs as assignees in bankruptcy of the firm of Campbell & Shaw to set aside and •have canceled and declared void, a mortgage executed by defendant Campbell to defendant Northrup.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below,' 9 Hun, 543.) This action was brought by plaintiffs as assignees in bankruptcy of the firm of Campbell & Shaw to set aside and •have canceled and declared void, a mortgage executed by defendant Campbell to defendant Northrup. The facts appear sufficiently in the opinion. The evidence was sufficient to warrant the judge in finding the fact stated in his decision. (U. S. R. S. §§…
1Opinion of the CourtEarl, J.
As the General Term did not reverse the judgment of the Special Term upon the facts, we must take them as found by the trial judge and they are as follows : On the 10th day of August, 1874, the defendant Campbell being indebted to his co-defendant, Northrup, in the sum of $2,000, executed and delivered to him a mortgage upon his individual real estate to secure such indebtedness. At that timo Campbell was a member of the firm of Campbell & Shaw, which had become insolvent, and was then contemplating bankruptcy, which facts were known to Northrup : and Campbell executed the mortgage in…
2Cases cited3 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- Meech v. . AllenNew York Court of Appeals · 1858
- Haas v. . O'BrienNew York Court of Appeals · 1876
3Cited by13 opinions
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
- Hall v. HallMontana Supreme Court · 1924
- In re Feyh's EstateNew York Supreme Court · 1889
- Starbuck v. StarbuckAppellate Division of the Supreme Court of the State of New York · 1901
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