Munson v. Genesee Iron & Brass Works
Appellate Division of the Supreme Court of the State of New York
Action by Anna E. Munson against the Genesee Iron & Brass Works and others, to set aside and declare void certain mortgages and contracts by the Genesee Iron & Brass Works, a corporation, to the other defendants,. covering all its real and personal property, as fraudulent and void, upon the grounds—First, that the same were executed by the corporation with intent to hinder, delay, and defraud its creditors; and, second, that the same were given by the corporation in…
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Action by Anna E. Munson against the Genesee Iron & Brass Works and others, to set aside and declare void certain mortgages and contracts by the Genesee Iron & Brass Works, a corporation, to the other defendants,. covering all its real and personal property, as fraudulent and void, upon the grounds—First, that the same were executed by the corporation with intent to hinder, delay, and defraud its creditors; and, second, that the same were given by the corporation in contemplation of its insolvency. No defense was interposed by the corporation. The other defendants defended, insisting upon the…
1Opinion of the CourtWard, J.
The learned counsel for the appellants present the question upon this review whether the plaintiff acquired such an interest her in the tort action, which was rendered aftei *147the execution of the chattel mortgages, as will entitle her to participate in the fund that resulted from the sale of the mortgaged property, and which the judgment in this action directs should be recovered from the defendants. It is contended that she was not a creditor of the Genesee Iron & Brass Works at the time of the execution and delivery of the mortgages, and consequently has no standing whereby she can…
2Cases cited10 opinions
- Cole v. Millerton Iron Co.New York Court of Appeals · 1892
- Marstaller v. . MillsNew York Court of Appeals · 1894
- Losee v. . BullardNew York Court of Appeals · 1880
- Olney v. Conanicut Land Co.Supreme Court of Rhode Island · 1889
- Campbell v. . PerkinsNew York Court of Appeals · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re HarperDistrict Court, N.D. New York · 1910
- Karasik v. People's Trust Co.District Court, E.D. New York · 1917
- Blackwelder v. D'Ercole Enterprises, Inc.District Court of Appeal of Florida · 1963