Lippitt v. Gilmartin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James B. Lippitt, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of May, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing the plaintiff’s complaint, and also from the decision and the order for judgment thereon.
1Opinion of the Court
Patterson, J.:
The justice at Special Term dismissed the complaint in this action on the merits. The suit was brought by a judgment creditor of the defendant Patrick J. Gilmartin, seeking, among other things, to set aside a chattel mortgage made by the latter and given to the defendant Bergen as security for an indebtedness of the defendant Mary Gilmartin. This chattel mortgage was a voluntary instrument, and was given while the mortgagor was insolvent. ITe owed nothing to Bergen. The learned judge at Special Term decided that the plaintiff had failed to make out a prima facie case against any…
2Cases cited5 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Kain v. . LarkinNew York Court of Appeals · 1892
- Erickson v. . QuinnNew York Court of Appeals · 1872
- Guy v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1897
- Edgerton v. . ThomasNew York Court of Appeals · 1853