Murphy v. . Briggs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 16, 1880, which reversed in part and affirmed in part a judgment in favor of the plaintiff, entered upon a decision of the court on trial without a i ury.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 16, 1880, which reversed in part and affirmed in part a judgment in favor of the plaintiff, entered upon a decision of the court on trial without a i ury. (Reported below, 23 Hun, 95.) This action was brought by plaintiff as receiver, appointed in proceedings supplementary to execution against defendant Lafayette Moore, to set aside, as fraudulent as to creditors, two deeds executed in February, 1878, one by said debtor to defendant Werner, and one by the latter…
1Opinion of the CourtMiller, J.
It may be assumed, we think, that the conveyances from Moore to Werner, and from Werner to Mrs. Moore were fraudulent and void. The principal question which remains to be determined is, whether the mortgages executed by Mrs. Moore are valid and in force.
The proof establishes, beyond controversy, that these morí-. gages were executed to secure demands due from Moore to the mortgagors who, when the conveyances were made, were bona fide creditors of Moore. It also appears and the findings establish that at the time of the execution of the mortgages the mortgagees had no knowledge as to the…
2Cases cited5 opinions
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Seymour v. . WilsonNew York Court of Appeals · 1859
- Ledyard v. ButlerNew York Court of Chancery · 1841
- Cramer v. . BloodNew York Court of Appeals · 1872
- Cramer v. BloodNew York Supreme Court · 1867
3Cited by33 opinions
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- United States Fidelity & Guaranty Co. v. English Construction Co.Massachusetts Supreme Judicial Court · 1939
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Lehrenkrauss v. . BonnellNew York Court of Appeals · 1910
- Knower v. Central National BankNew York Court of Appeals · 1891
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