Hotchkin v. Third National Bank
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme-Court in the third judicial department, made September 9, 1890, which reversed a judgment in favor of the plaintiff,, entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtBkown, J.
This action was brought to recover the possession of a lot of top buggies alleged to have been fraudulently obtained from the plaintiff by one Lyman J. Folsom in the months of October and November, 1886, and by said Folsom transferred to the defendant as security for the payment of a precedent debt. The plaintiff had judgment upon the referee’s report for the possession of thirty-nine of the buggies. The order of the General Term which reversed the judgment and from which this appeal is taken was upon questions of fact and law, hence both are open to our consideration.
The complaint alleged…
2Cases cited8 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Devoe v. . BrandtNew York Court of Appeals · 1873
- Oberlander v. . SpiessNew York Court of Appeals · 1871
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3Cited by30 opinions
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- In Re Original Auto Parts Distributors, Inc.United States Bankruptcy Court, S.D. New York · 1981
- Darling v. KlockAppellate Division of the Supreme Court of the State of New York · 1898
- In re Levi & PicardDistrict Court, S.D. New York · 1906
- In re the Judicial Settlement of the Accounts of CushmanNew York Surrogate's Court · 1916
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