Newton v. Manwarring
New York Supreme Court
Appeal from special term, Chenango county. Action by Warren Newton, as railroad commissioner of the town of Norwich, against Annie B. Manwarring, to foreclose a mortgage for $6,000 collateral to a bond executed November 15, 1882, by Miles Palmer Newton and wife, which mortgage covered 347 acres of land situate in the towns of New Berlin and Sherburne.
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Appeal from special term, Chenango county. Action by Warren Newton, as railroad commissioner of the town of Norwich, against Annie B. Manwarring, to foreclose a mortgage for $6,000 collateral to a bond executed November 15, 1882, by Miles Palmer Newton and wife, which mortgage covered 347 acres of land situate in the towns of New Berlin and Sherburne. In 1888 the appellant served an answer, in which she alleged, viz.: “ That on the 27th day of March, 1886, the said Charles W. Lewis, as executor of the last will and testament of Charles Lewis, deceased, for the sum of $1,280.20 to him in hand…
1Opinion of the CourtHardin, P. J.
1. Plaintiff was not a creditor of Eliphalet Man warring. He can derive no aid from the doctrine laid down in Coleman v. Burr, 25 Hun, 240; affirmed, 93 N. Y. 17. It appears in the opinion delivered in that case when before this court that the plaintiff was a judgment creditor of Burr, and that his action was brought to set aside a conveyance made by Burr to his wife “on the ground that such conveyance was without consideration', and *349was executed with Intent to defraud Burr’s creditors.” Whatever may have been the intent on the part of Eliphalet Man warring in making the settlement with his…
2Cases cited8 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Marsh v. PikeNew York Court of Chancery · 1844
- Yates v. JoyceNew York Supreme Court · 1814
- Meech v. SmithNew York Supreme Court · 1831
- Jaycox v. . CaldwellNew York Court of Appeals · 1873
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