Ward v. Petrie
New York Supreme Court
Appeal from Jefferson county court. Action Tby Peter A. Ward, appointed, in supplementary proceedings, receiver of Norman Petrie, against said Petrie and another. Prom a judgment for plaintiff, and an order denying a new trial, defendants appeal.
1Opinion of the CourtHardin, P. J.
The jury. Were instructed that, unless fraudulent intent was found to exist on the part of both defendants, the mortgage should be found to be valid. The evidence is sufficient to sustain the finding that the mortgage was fraudulent as to both mortgagor and mortgagee, and made to hinder and delay the collection of the debt represented by the plaintiff, as receiver. Billings v. Russell, 101 N. Y. 227, 4 N. E. 531; Baldwin v. Short, 125 N. Y. 553, 26 N. E. 928; Plow Co. v. Wing, 85 N. Y. 421. We think the plaintiff, as receiver, was in position to attack the mortgage. Code, § 2469 ; Alden v.…
2Cases cited7 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Billings v. . RussellNew York Court of Appeals · 1886
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Baldwin v. . ShortNew York Court of Appeals · 1891
- Syracuse Chilled Plow Co. v. . WingNew York Court of Appeals · 1881
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