Dunn v. O'Connor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edmund O’Connor, as assignee, etc., of' Erastus Ross, from a final judgment of the Supreme Court in favor of the plaintiff, entered in -the office of the clerk of the county of Broome on the 16th day of September, 1896, upon the decision óf the court rendered after a trial at the Broome Special Term directing the foreclosure of a mortgage given by Erastus Ross to the Merchants’ Bank of Binghamton.
1Opinion of the Court
Landon, J.:
It is urged by the appellant,
First. That the mortgage was made and accepted with the intent to hinder, delay and defraud the creditors of the mortgagor. ' The case presented is that of a bank president, who abused his position - by making the bank his unsecured creditor to the amount of nearly $150,000, and who,, when pressed by some, of the other officers of' the bank to give it this mortgage to secure his debt, and at the same-time secure -the bank from impending ruin, did give the mortgage. This seems like an act of simple justice. It is not impossible, however, that it was also…
2Cases cited7 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- National Bank v. WhitneySupreme Court of the United States · 1881
- Pratt v. . ShortNew York Court of Appeals · 1880
- Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982