Carpenter v. . Manhattan Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 14, 1880, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 22 Hun, 49.) The nature of the action and the material facts are stated in the opinion. The fraudulent intent to impair the security of the mortgage is the gist of the action.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 14, 1880, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 22 Hun, 49.) The nature of the action and the material facts are stated in the opinion. The fraudulent intent to impair the security of the mortgage is the gist of the action. (Gardner v. Heartt, 3 Denio, 232, 236.) Although the facts relied upon by the defendant as a counter-claim would constitute a cause of action, yet they would not impair the…
1Opinion of the CourtEarl, J.
The action was brought to recover against the defendant for the wrongful conversion, on the 23d day of January, 1879, of a quantity of cord wood. The answer admitted the possession of the wood by the plaintiff, and that the defendant took the same, but denied that the plaintiff owned the wood; and then for a counter-claim, it was alleged that on the 28th day of September, 1871, one Markham, then the owner in fee of the land mentioned in the complaint, executed to the defendant a bond', and a mortgage as collateral thereto on the land, to secure the payment to the defendant of the sum of…
2Cited by73 opinions
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Ader v. BlauNew York Court of Appeals · 1925
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- Heigel v. WillisNew York Supreme Court · 1889
- Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
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