Joseph Schlitz Brewing Co. v. Ester
New York Supreme Court
Appeal from special term, Monroe county. Action by Joseph Schlitz Brewing Company against Henry J. Ester and Christiana A. Ester. The complaint was dismissed on the merits, and plaintiff appeals.
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Appeal from special term, Monroe county. Action by Joseph Schlitz Brewing Company against Henry J. Ester and Christiana A. Ester. The complaint was dismissed on the merits, and plaintiff appeals. The plaintiff, a judgment creditor of the defendant Henry J. Ester, charges that a conveyance by him through a third party to the other defendant, his wife, of certain premises known as “Lot No. Ill,” in “Beechwood Tract,” in the city of Rochester, was made in fraud of creditors; also that a chattel mortgage and a bill of sale made by him to her of certain personal property were fraudulent as against…
1Opinion of the CourtBradley, J.
The defendants became husband and wife upwards of 20 years ago. The deed of the lot in the Beechwood tract was made to both of them. There is evidence tending to prove and the court found that Mrs. Ester was then the sole beneficial owner of the premises, and that her husband was made a grantee in the deed without her consent or knowledge. It was made by the Beechwood Homestead Association, of which she was and her husband was not a member. The trial court found that the purpose of conveyance through the third person to her was made to correct the mistake in the first deed. This finding of…
2Cases cited6 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Coleman v. . BurrNew York Court of Appeals · 1883
- Porter v. . DunnNew York Court of Appeals · 1892
- Seaman v. HasbrouckNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Rex Beach Pictures Co. v. Harry I. Garson ProductionsMichigan Supreme Court · 1920
- Bolognino v. BologninoNew York Supreme Court · 1930
- American Middle East Corp. v. BaroukAppellate Division of the Supreme Court of the State of New York · 1961