Baker v. . Lever
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, modifying a judgment entered upon the report of a referee. (Hem. of decision below, 5 Hun, 114.) This action was brought to have a bond and mortgage executed by plaintiff to William J. Lever, originally one of the defendants herein, and whose personal representatives are now parties defendant, declared void, and that the same be set aside and canceled of record.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, modifying a judgment entered upon the report of a referee. (Hem. of decision below, 5 Hun, 114.) This action was brought to have a bond and mortgage executed by plaintiff to William J. Lever, originally one of the defendants herein, and whose personal representatives are now parties defendant, declared void, and that the same be set aside and canceled of record. The referee found the following facts: That in Harch, 1869, the plaintiff Seth Baker applied to William J. Lever to leam where a loan of…
1Opinion of the CourtHiller, J.
The referee held upon the trial that the sale of the stock at the price which the bond and mortgage was given to secure was fraudulent and void, and adjudged, that on payment of the market value of the stock at the time of the sale and interest and with defendant’s costs of the action, the bond and mortgage be delivered up and canceled. The intent to defraud follows as a necessary result of the decision, and as no appeal was taken from the judgment by the defendants it must be assumed that they acquiesced in the right of the plaintiffs to relief from the fraudulent contract. If entitled to…
2Cases cited1 opinion
- Hubbell v. . MeigsNew York Court of Appeals · 1872
3Cited by31 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Higgins v. . CrouseNew York Court of Appeals · 1895
- Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
- Brown v. NormanMississippi Supreme Court · 1888
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
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