Lawrenceville Cement Co. v. Parker
New York Supreme Court
Appeal from special term, Westchester county. Action by the Lawrenceville Cement Company against S. Webber Parker, Charles Warren Parker, and Edward Burns, to set aside two deeds from S. Webber Parker to Charles Warren Parker, and a mortgage for $30,000 from Charles Warren Parker to Edward Burns.
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Appeal from special term, Westchester county. Action by the Lawrenceville Cement Company against S. Webber Parker, Charles Warren Parker, and Edward Burns, to set aside two deeds from S. Webber Parker to Charles Warren Parker, and a mortgage for $30,000 from Charles Warren Parker to Edward Burns. It appeared that S. Webber Parker, being indebted to Tabor Warren, his father-in-law, and to his wife, entered into a paroi agreement with them by which he was to procure deeds of the land in question, and convey the same to Charles Warren Parker when he should become of age. It also appeared that…
1Opinion of the CourtPratt, J.
We think the evidence in this case justified the learned trial judge in his conclusion that there was no intent to hinder, delay, or defraud S. W. Parker’s creditors by any party. There were divers claims against S. W. Parker which were released in consideration of his conveyance to C. W. Parker, and the latter, as another element of the consideration, gave his bond for $30,000, and his mortgage to Burns covering the premises, to secure this $30,000, which the grantor actually owed to the American Exchange Bank, of which Burns was cashier. Burns accepted this mortgage for the bank, with its…
2Cases cited1 opinion
- Price v. . BrownNew York Court of Appeals · 1885
3Cited by5 opinions
- First National Bank v. National Grain CorporationSupreme Court of Connecticut · 1925
- Mutual Bank & Trust Co. v. GoedeckeSupreme Court of Missouri · 1941
- Davis v. CaldwellNorth Dakota Supreme Court · 1917
- Noyes Estate v. Granite-Alaska Co.Montana Supreme Court · 1920
- Steubing v. N. Y. Elevated RailroadNew York Court of Appeals · 1893