Legal Opinion

Dunn v. O'Connor

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1898PublishedCited by 4 opinions

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

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
  3. National Bank v. WhitneySupreme Court of the United States · 1881
  4. Pratt v. . ShortNew York Court of Appeals · 1880
  5. 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

  1. United States Title Guaranty Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1915
  2. Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
  3. Panto v. Kentucky Distilleries & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1926
  4. WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982

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