Meyer v. Mohr
The Superior Court of New York City
Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. The action was in the nature of a creditor’s bill, and was brought by Christian T. Meyer to set aside a conveyance of real estate made by the defendant, John H. Mohr, to the defendant, Margarita, his wife (through the medium of the defendant, Emmons), and which the plaintiff, who was at the time of the conveyance a creditor of John H. Mohr, and who subsequently, and before the commencement…
Read the full summary
Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. The action was in the nature of a creditor’s bill, and was brought by Christian T. Meyer to set aside a conveyance of real estate made by the defendant, John H. Mohr, to the defendant, Margarita, his wife (through the medium of the defendant, Emmons), and which the plaintiff, who was at the time of the conveyance a creditor of John H. Mohr, and who subsequently, and before the commencement of this action, obtained’a judgment against Mohr, upon his demand against him, alleged to have been' made with intent to…
1Opinion of the Court
By the Court.*—White, J.
In support of the appeal, the defendant alleged, in substance:
1st. That the defendant Mohr was not insolvent, or in such embarrassed circumstances at the time of the conveyance of his real estate to his wife, as to render the conveyance void as against his then existing creditors; and that neither upon that, nor upon any other ground, was the conveyance void.
2d. That there was no sufficient proof given before the referee that the execution issued upon the judgment recovered by Meyer against Mohr, was returned by the sheriff, and filed in the , clerk’s office before the…
2Cited by3 opinions
- Maloney v. HoranNew York Supreme Court · 1868
- Malony v. HoranNew York Court of Appeals · 1872
- McLean v. ErlangerNew York Supreme Court · 1891