Robinson v. Hawley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lncretia Ritchmyer and others, from ••a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Steuben on the 29th day of March, 1899, upon the decision of the court rendered after a trial at the Steuben Special Term, with notice of an intention to bring Lip for review'upon such appeal an order, bearing date the 1st day of June, 1897, and entered in said clerk’s office, denying their motion to…
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Appeal by the defendants, Lncretia Ritchmyer and others, from ••a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Steuben on the 29th day of March, 1899, upon the decision of the court rendered after a trial at the Steuben Special Term, with notice of an intention to bring Lip for review'upon such appeal an order, bearing date the 1st day of June, 1897, and entered in said clerk’s office, denying their motion to vacate an injunction previously granted in the action. . The defendant William Richardson appealed from the ■ above…
1Opinion of the Court
Adams, J.:
If it be true, as is alleged, that the defendants, or any of them,, are seeking to gain possession of the personal property levied upon under the plaintiffs’ execution in virtue of certain chattel mortgages-which, as against such execution, are fraudulent and void, there can be no question as to the right of the plaintiffs to invoke the aid of a. court of equity to establish the priority of the lien acquired by them under their execution, provided the judgment upon which such-execution was issued is a valid one. (Bates v. Plonsky, 28 Hun, 112; People ex rel. Cauffman v. Van Buren,…
2Cases cited12 opinions
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Vann v. . RouseNew York Court of Appeals · 1884
- Wood v. . MitchellNew York Court of Appeals · 1889
- Neusbaum v. . KeimNew York Court of Appeals · 1862
- Smith v. CraftSupreme Court of the United States · 1887
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3Cited by2 opinions
- Williams v. EarhartArizona Supreme Court · 1929
- Third National Bank of Buffalo v. Buffalo Wheel Co.Appellate Division of the Supreme Court of the State of New York · 1901