Mandeville v. Avery
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Wesley Mandeville, receiver of Henry J. Beck, appointed in sup•plementary proceedings against Edward H. Avery and others, to set aside a mortgage executed by said Beck, and a foreclosure sale thereunder, as fraudulent, and to require defendant Avery to account for effects of said debtor received under said mortgage. There was a verdict and judgment for defend.ants, and plaintiff appeals.
1Opinion of the CourtBradley, J.
The plaintiff was appointed receiver in proceedings supplementary to execution upon a judgment recovered by Lewis P Ross against ’the defendant Henry J. Beck, and brought this action to require the defend.ant Avery to account for the proceeds of the sale of a quantity of personal property of Beck, upon which it is alleged Avery had two chattel mortgages, pursuant to which such property was sold. And the alleged ground in support of such relief is that the mortgages were made and taken with the intent to hinder, delay, and defraud the creditors of the mortgagor. The relief demanded by the…
2Cases cited12 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Wright v. . NostrandNew York Court of Appeals · 1883
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Anthony v. . WoodNew York Court of Appeals · 1884
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3Cited by2 opinions
- Mandeville v. AveryNew York Supreme Court · 1890
- Mellen v. MellenNew York Supreme Court · 1891