Delaney v. . Valentine
New York Court of Appeals
Appeals, by permission, from judgments of the Appellate Division of the Supreme Court in the third judicial department, entered December 17,1896, which affirmed, respectively, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, in each of the above-entitled actions.
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Appeals, by permission, from judgments of the Appellate Division of the Supreme Court in the third judicial department, entered December 17,1896, which affirmed, respectively, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, in each of the above-entitled actions. The plaintiff was duly appointed as receiver of the property of Thomas B. Valentine in proceedings supplementary to execution, and was authorized to commence and prosecute these actions. They were brought to set aside two chattel mortgages made by Thomas B. Valentine to Ann A. Lockwood,…
1Opinion of the CourtMartin, J.
In determining the validity of the judgments from which these appeals are taken, it must, at the outset, be assumed that all the transactions between the judgment debtor and the other defendants were based upon good and sufficient considerations, were entered into in good faith by all the parties, and that the mortgages and transfer of accounts were made, delivered and received with no intent upon the part of any of them to hinder, delay or defraud the creditors of the former. The learned trial court so found, and its findings as to those facts must be treated as conclusive.
One of the grounds…
2Cases cited16 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Leitch v. . HollisterNew York Court of Appeals · 1850
- Manning v. . BeckNew York Court of Appeals · 1891
- Knapp v. . McGowanNew York Court of Appeals · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Shotwell v. . DixonNew York Court of Appeals · 1900
- In re the Estate of SalomonNew York Surrogate's Court · 1936
- Huntington v. KneelandAppellate Division of the Supreme Court of the State of New York · 1905
- Lauterbach v. New York Investment Co.New York Supreme Court · 1909
- Hardin v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899
16 more not listed; retrieve them via the Exa API.