Walker v. . Henry
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1879, affirming that portion of a judg-' ment which was against the plaintiff, which judgment was entered upon a decision of the court, on trial at.Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1879, affirming that portion of a judg-' ment which was against the plaintiff, which judgment was entered upon a decision of the court, on trial at.Special Term. This action was brought by the plaintiff as receiver of the property of the defendant, Joseph Henry, appointed in proceedings supplementary to execution against him, to set aside certain chattel mortgages and bills of sale of the property of the said Joseph Henry as fraudulent and void as against Edward…
1Opinion of the CourtMiller, J.
The chattel mortgage given by the defendant Joseph Henry, to his brother, the defendant Nicholas Henry, and the subsequent mortgage in renewal thereof, which are alleged to be fraudulent, were executed to secure the payment of various sums of money lent at different times to the mortgagor by the mortgagee. Of the whole amount, $3,000, the sum of $200 was loaned on the day of the date of the mortgage and the remainder prior to that time. The claim that it was given to secure an antecedent debt and was void, as to Minturn, a judgment creditor, whose judgment was docketed before the second…
2Cases cited2 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Hathaway v. . HowellNew York Court of Appeals · 1873
3Cited by11 opinions
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Cook v. StateAlabama Court of Appeals · 1918
- In re Avlon Syrup Corp.District Court, N.D. New York · 1928
- Garro v. Republic Sheet Metal Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Metropolitan Commercial Corp. v. Larkin Co.New York Supreme Court · 1936
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