Toop v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendants, Herbert Coope and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk .of the county of New York on the 25th day of March, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s claim to a mechanic’s lien and setting aside certain transfers of real estate.
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Appeal, by the defendants, Herbert Coope and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk .of the county of New York on the 25th day of March, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s claim to a mechanic’s lien and setting aside certain transfers of real estate. At the time the plaintiff contracted to perform the work and furnish the materials, for which he claimed the lien, the premises affected by the lien were owned by the defendant Smith. Thereafter…
1Opinion of the Court
Patterson, J.:
Plaintiff sued to foreclose a mechanic’s lien, and in the same action sought to.set aside certain conveyances of the real property against which the lien was filed. The court at Special Term determined that the conveyances were made with intent to hinder, delay and defraud creditors of the defendant Samuel W. B. Smith, with whom,' it was alleged in the complaint, the plaintiff originally contracted to furnish the materials and do the work for which the lien was asserted. The conclusion of the court concerning the fraudulent character of the conveyances was fully sustained by the…
2Cases cited4 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- McKinney v. WhiteAppellate Division of the Supreme Court of the State of New York · 1897
- Reeves v. SeitzAppellate Division of the Supreme Court of the State of New York · 1900
- St. John Woodworking Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Barrett v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1914
- Lincoln National Bank v. John Peirce Co.New York Supreme Court · 1917
- Barrett v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1914