Booth v. . Kehoe
New York Court of Appeals
Appeal from- judgment of the ■ General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. This action was brought by plaintiffs as judgment-creditors of defendant, Patrick Kehoo, to secure payment of their debt out of property alleged to have been transferred by him by bill of sale to the other defendants in fraud of his creditors.
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Appeal from- judgment of the ■ General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. This action was brought by plaintiffs as judgment-creditors of defendant, Patrick Kehoo, to secure payment of their debt out of property alleged to have been transferred by him by bill of sale to the other defendants in fraud of his creditors. The facts appear sufficiently in the opinion. The court erred in finding that defendants did not take possession of the property. (Mason v. Lord, 40 N. Y.,…
1Opinion of the CourtMiller, J.
According to the findings of the judge upon the trial the bill of sale executed by Patrick ICchoe to Matthew ICchoe and son, which conveyed and transferred the lease of the building, and of one of the stores therein mentioned, and the stock, fixtures, and other personal property in the stores occupied by said Patrick ICchoe, was executed, delivered, and received as a mortgage in security for the payment of a debt of fifteen thousand dollars. It is also found that the bill of sale referred to was not filed as a mori> gage as required by the statute, and possession of the property described in…
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- Lawrence v. McKenzieSupreme Court of Iowa · 1893
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