Remington Paper Co. v. O'Dougherty
New York Supreme Court
Appeal from a judgment, entered in Jefferson county upon the report of a referee, refusing to set off judgments between the defendants O’Doughertys and the plaintiff, and dismissing the complaint in this action as a creditor’s bill for the collection of plaintiff’s judgment out of certain property transferred by the O’Doughertys to the defendant Dennis O’Brien ; and finding that these transfers were not fraudulent in fact, and also awarding a foreclosure of the deed taken by…
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Appeal from a judgment, entered in Jefferson county upon the report of a referee, refusing to set off judgments between the defendants O’Doughertys and the plaintiff, and dismissing the complaint in this action as a creditor’s bill for the collection of plaintiff’s judgment out of certain property transferred by the O’Doughertys to the defendant Dennis O’Brien ; and finding that these transfers were not fraudulent in fact, and also awarding a foreclosure of the deed taken by the defendant O’Brien, which was declared to be a mortgage security, and also providing for the distribution of any…
1Opinion of the Court
Hardin, P. J.:
Appellant contends that the referee erred in finding that the trans fer to O’Brien was made in good faith and without intent to defraud the plaintiff, and insists that the transfers were a fraud upon their face, and that the instruments that were given in respect thereto are insufficient and unsatisfactory to establish their “ Iona fidesP In support of this contention, the appellant insists that the deed of *83April 25, 1877, executed by Patrick and Anna M. O’Dougherty to ■defendant O’Brien, comprised a consideration of $5,000, and was absolute in terms, and that the defeasance…
2Cases cited13 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Odell v. . MontrossNew York Court of Appeals · 1877
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
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