Regina Music Box Co. v. F. G. Otto & Sons

Stevens, Y. C.

This is a creditors’ suit, brought to set aside a mortgage because it is said to have been given by the defendant, F. G. Otto *583& Sons, a corporation, while insolvent, or in contemplation of insolvency. If relief he denied on this ground, then it is contended that the mortgage is fraudulent,' because it was contrived with intent to hinder and delay creditors, and so void as to complainant, under section 12 of the act to prevent frauds and perjuries.

The material facts are these: On April 1st, 1900, the defendant corporation executed a mortgage for' $115,000 to the complainants,…