Paddock v. Fish
District Court, S.D. New York
In Equity. Action by the plaintiff, as assignee in bankruptcy of Eugene M. Cammeyer, to set aside as fraudulent and void against creditors a mortgage for $1,000 made by the defendant Sarah Eish to Augustus Cammeyer, and by him assigned to defendant Patrick Lambert.
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In Equity. Action by the plaintiff, as assignee in bankruptcy of Eugene M. Cammeyer, to set aside as fraudulent and void against creditors a mortgage for $1,000 made by the defendant Sarah Eish to Augustus Cammeyer, and by him assigned to defendant Patrick Lambert. The facts, as admitted or proved, were as follows: On the twenty-ninth of January, 1874, Eugene Cammeyer executed to his mother, Sarah Eish, a deed of the house and lot 151 Bergen street, Brooklyn, where they both lived, subject to a prior mortgage of $4,000, for the consideration of $10 and natural love and affection. The deed was…
1Opinion of the Court
BROWN, D. J.
On the facts in this ease it is not entirely clear that the mortgage of $1,000 executed by Mrs. Fish to Augustus Cam-meyer for the use of Eugene, a month after the latter’s deed to her for liis own use, should not be held as valid St charge upon the land, as against her, as if it had been a consideration mortgage given at the time the deed was made, being executed in pursuance of the understanding that she took the title for Eugene’s benefit, and Augustus being a mortgagee upon a secret trust for Eugene. Apart from this consideration, (however, the bond and mortgage had no legal…
2Cases cited7 opinions
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Decker v. . BoiceNew York Court of Appeals · 1880
- Jackson ex dem. Colden v. WalshNew York Supreme Court · 1817
- Carpenter v. MurenNew York Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re MullenDistrict Court, D. Massachusetts · 1900
- Morrison v. Bay Parkway Nat. BankCourt of Appeals for the Second Circuit · 1932