Republican Art Printery, Inc. v. David
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah L. F. David, as executrix, from a judgment of the'Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 8th day of February, 1916, upon the decision of the court after a trial at the Columbia Trial Term before the court without a jury.
Read the full summary
Appeal by the defendant, Sarah L. F. David, as executrix, from a judgment of the'Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 8th day of February, 1916, upon the decision of the court after a trial at the Columbia Trial Term before the court without a jury. The defendant Charles F. David died after the appeal herein was taken, and Sarah L. F. David, as executrix, etc., was, by order of the court, substituted as defendant.
1Opinion of the Court
Woodward, J.:
The plaintiff is a corporation organized and doing business under the laws of the State of New York, and brings this action to set aside and cancel of record a certain chattel mortgage, with certain promissory notes, on the ground that such chattel mortgage and notes were the result of fraud practiced upon the plaintiff. The transaction out of which this controversy grows was substantially this: One Arthur H. Labaree undertook to purchase substantially all of the stock of the plaintiff from James D. P. Wingate on or about the 11th day of September, 1914, paying partially for such…
2Cases cited4 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
3Cited by4 opinions
- American Center for Education, Inc. v. CavnarCalifornia Court of Appeal · 1978
- Knapp v. Rochester Dog Protective Ass'nAppellate Division of the Supreme Court of the State of New York · 1932
- Bulger v. Colonial House of Flushing, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- Cirrincione v. PolizziAppellate Division of the Supreme Court of the State of New York · 1961