Murtha v. . Curley
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of February, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and ordered a new trial. (Deported below, 15 J. & S. 293.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of February, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and ordered a new trial. (Deported below, 15 J. & S. 293.) The nature of the action and the material facts are stated in the opinion. The mortgages were fraudulent and void, because they were based on a fictitious debt and were made with intent to defraud, and there was no change of possession. (B. S., § 1, tit. 3, chap. 7, p. 142; also §…
1Opinion of the CourtEarl, J.
The complaint in this action alleges that in and prior to April, 1872, the defendant Doyle was indebted to the plaintiff in the sum of $500, to the defendant Curley in the sum of $500, and to one Fitzsimmins in the sum of $300, and that these were all the debts he owed; that in April, 1872, he, Doyle, owned a large amount of personal property, worth at least $3,500, and at that time gave the defendant Curley a mortgage thereon for the nominal amount of $3,100, and that that security, by renewals or new mortgages each year executed, was kept on foot until October 10, 1878, when the defendant…
2Cited by78 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Mandeville v. . AveryNew York Court of Appeals · 1891
- McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
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