Legal Opinion

Miller v. Breitenbecker

New York Supreme Court

Decided February 20, 1913Published

Action by William H. Miller against Caroline Breitenbecker, impleaded with Elizabeth Winfield. On motion for new trial on the ground of newly discovered evidence. Motion granted.

1Opinion of the CourtBenedict, J.

This is a motion for a new trial upon the ground of newly discovered evidence in an action which was tried before Mr. Justice Marean at Special Term in April, 1912. It was brought to set aside as fraudulent a conveyance of N°- 141 Stratford Road made by the defendant Elizabeth Winfield to her mother, the defendant Caroline Breitenbecker. The plaintiff was a creditor of Mr. and Mrs. Winfield, and his judgment against both of them was docketed in the clerk’s office on November 20, 1911, for the sum of $1,050, at 3 o’clock and 21 minutes in the afternoon. On the same day at 10 o’clock and 17…

2Cases cited8 opinions

  1. Tompkins v. . HunterNew York Court of Appeals · 1896
  2. Williams v. . WhedonNew York Court of Appeals · 1888
  3. Murphy v. . BriggsNew York Court of Appeals · 1882
  4. Knapp v. . McGowanNew York Court of Appeals · 1884
  5. Citizens' Bank v. . WilliamsNew York Court of Appeals · 1891

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