Legal Opinion

Briggs v. . Austin

New York Court of Appeals

Decided December 1, 1891PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made February 3,1891, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside as fraudulent a chattel mortgage executed by the defendant Ely D. Austin, to the defendant Harvey Austin, and to restrain defendants from removing hay and grain from the premises.

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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made February 3,1891, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside as fraudulent a chattel mortgage executed by the defendant Ely D. Austin, to the defendant Harvey Austin, and to restrain defendants from removing hay and grain from the premises. It appeared that on February 1, 1887, plaintiff leased to said Ely D.'Austin for one year a farm with certain stock, the-lease…

1Per curiam

The complaint was dismissed upon the opening of counsel for the plaintiff, wherein the plaintiff confined his claim for relief to a demand for an injunction restraining the defendant from taking possession of the hay grown on the premises, under a chattel mortgage executed to him by the lessee of the farm. The plaintiff alleged in his complaint that by the lease the title to the hay grown on the farm was to be in the plaintiff until the rent-should be paid, and further, that the defendant’s mortgage was fraudulently executed by collusion between the tenant and the defendant mortgagee, to…

2Cases cited1 opinion

  1. Sullivan v. . MillerNew York Court of Appeals · 1887

3Cited by5 opinions

  1. American Surety Co. v. ConnerNew York Court of Appeals · 1929
  2. State of Rio De Janeiro v. E. H. Rollins & Sons, Inc.New York Court of Appeals · 1949
  3. Missouri, Kansas & Texas Trust Co. v. RichardsonNebraska Supreme Court · 1899
  4. Lindsley v. Van CortlandtNew York Supreme Court · 1893
  5. Depew v. KetchumNew York Supreme Court · 1894

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