Castleman v. Mayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Warrant Castleman, as receiver of the. property of. Charles W. Mayer, from a judgment of the Supreme Court in favor of the defendant Samuel Y. Pryor, entered in the office of the clerk of the county of Monroe on ■ the 19th day of November, 1898, upon the decision of the court rendered after a trial at the Monroe Special Term dismissing the complaint upon the merits. ■ This action was brought by the receiver of two judgment creditors of defendant…
Read the full summary
Appeal by the plaintiff, J. Warrant Castleman, as receiver of the. property of. Charles W. Mayer, from a judgment of the Supreme Court in favor of the defendant Samuel Y. Pryor, entered in the office of the clerk of the county of Monroe on ■ the 19th day of November, 1898, upon the decision of the court rendered after a trial at the Monroe Special Term dismissing the complaint upon the merits. ■ This action was brought by the receiver of two judgment creditors of defendant Mayer to have an agreement in the nature of a chattel mortgage, made by the judgment debtor to defendant Pryor on the…
1Opinion of the Court
Laughlin, J.:
The learned trial justice found that the mortgage was not given or accepted with any fraudulent intent and that the omission to file it was not for any fraudulent purpose. It is contended that from the nature .of the agreement and the transactions had, the contrary *518should have been found, but we think there is sufficient evidence to sustain these findings. (Spurr v. Hall, 46 App. Div. 457; Hardin v. Dolge, Id. 416; Brackett v. Harvey, 91 N. Y. 214; Niagara County Nat. Bank v. Lord, 33 Hun, 557; Mitchell v. West, 55 N. Y. 107.)
A finding was also made to the effect that there was…
2Cases cited11 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Parshall v. . EggertNew York Court of Appeals · 1873
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Steele v. . BenhamNew York Court of Appeals · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brunnemer v. Cook & Bernheimer Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Barrett v. MackNew York Supreme Court · 1909