Munson v. Genesee Iron & Brass Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Flour Oity National Bank and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 18th day of April, 1898, upon the report of a referee.
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Appeal by the defendants, The Flour Oity National Bank and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 18th day of April, 1898, upon the report of a referee. This is an action in equity to set aside and declare void certain mortgages and contracts by the Genesee Iron and 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…
1Opinion of the Court
Ward, J.:
The learned counsel for the appellants present the question upon this review whether the plaintiff acquired such an interest by her judgment in the tort action, which was rendered after the 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 and Brass Works at the time of the execution and delivery of the mortgages, and consequently has no standing…
2Cases cited11 opinions
- Cole v. Millerton Iron Co.New York Court of Appeals · 1892
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891
- Marstaller v. . MillsNew York Court of Appeals · 1894
- Losee v. . BullardNew York Court of Appeals · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Karasik v. People's Trust Co.District Court, E.D. New York · 1917
- Munzinger v. United PressAppellate Division of the Supreme Court of the State of New York · 1900
- Blackwelder v. D'Ercole Enterprises, Inc.District Court of Appeal of Florida · 1963
- Wright v. Gansevoort BankAppellate Division of the Supreme Court of the State of New York · 1907