King v. Walbridge
New York Supreme Court
Appeal from special term. This action is in the nature of a creditors’ bill to set aside as fraudulent and void, as against the plaintiff, Charles F. King, as receiver, etc., of Sarah R. Wilber and John F. Wilber, a sale of stock and materials by the plaintiff under chattel mortgages upon the same, given by the judgment debtors, Sarah R. and John S. Wilber.
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Appeal from special term. This action is in the nature of a creditors’ bill to set aside as fraudulent and void, as against the plaintiff, Charles F. King, as receiver, etc., of Sarah R. Wilber and John F. Wilber, a sale of stock and materials by the plaintiff under chattel mortgages upon the same, given by the judgment debtors, Sarah R. and John S. Wilber. The charge of the plaintiff substantially is that one Walbridge, impleaded with the judgment debtors as defendants, who held a chattel mortgage upon the stock and materials to secure the payment of a just debt, fraudulently combined with…
1Opinion of the CourtLandon, J.
The trial court refused to find the fraud charged in the complaint. In response to the requests of the defendant Walbridge, the transactions of which the plaintiff complains are set forth in a plain way, and negative all charge of fraud on the part of Walbridge. The court, in its opinion, stated that it did not believe the testimony of Wilber, tending to detail the fraudulent combination charged in the complaint; and the court, after stating that it “ was not favorably impressed with his manner and appearance as a witness,” enumerates six several reasons for its disbelief, the fifth of which…
2Cases cited3 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Davenport v. . McChesneyNew York Court of Appeals · 1881
- Hall v. DitsonNew York Supreme Court · 1878