State Bank v. . Brocton Fruit Juice Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1912, affirming a judgment in favor of defendant, respondent, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Reversible error was committed by the reception of incompetent evidence. (Merchants’ Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1912, affirming a judgment in favor of defendant, respondent, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Reversible error was committed by the reception of incompetent evidence. (Merchants’ Nat. Bank v. Clark, 139 N. Y. 313; Cobb v. United Engineering Co., 191 N. Y. 480; First Bank v. Ocean Nat. Bank, 60 N. Y. 278; Fox v. Village of Manchester, 183 N. Y. 141; Tompkins v. Fonda Glove Lining…
1Opinion of the CourtHiscock, J.
This action was brought to foreclose a mortgage on real estate executed and delivered to plain tiff by a corporation known as the Brocton Fruit Juice Company. Before the action was commenced a trustee in bankruptcy of the mortgagor had been appointed and he and various persons, assumed to be judgment creditors, were joined as defendants. The latter did not defend, but the trustee in bankruptcy served an answer whereby in substance he alleged that the mortgage by agreement of the parties thereto was fraudulently withheld from record for the purpose of enabling the mortgagor to maintain and…
2Cases cited3 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Merchants' National Bank v. ClarkNew York Court of Appeals · 1893
3Cited by4 opinions
- Hall v. First National Bank of KenmoreAppellate Division of the Supreme Court of the State of New York · 1929
- Burns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
- Loschiavo v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1982
- Williams v. Waldbaums Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1997