National Bank v. Levy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 2, 1888, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so .far as material, are stated in the opinion.
1Opinion of the CourtBradley, J.
This action was commenced December 13,1877, and its purpose was to cancel as fraudulent and void and discharge of record a mortgage purporting to have been made by Michael Ryan to Bernard Levy of date May 11, 1872, upon certain lands in the county of Albany to secure the payment of $5,000, and recorded in the clerk’s office of that county May 23,1877. Ryan died in September, 1875, indebted to the plaintiff in a sum on account of which the latter on December 3, 1877, recovered a judgment against Catherine Ryan, as administratrix, etc., for upwards of $3,000. Before commencing this action the…
2Cases cited7 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
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- Barker v. BatteySupreme Court of Kansas · 1901
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- Viggiani v. FavataAppellate Division of the Supreme Court of the State of New York · 1939
- Nichols v. SmithAppellate Division of the Supreme Court of the State of New York · 1914
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