Hedges v. Polhemus
New York Court of Common Pleas
Appeal from equity term. Action by Job E. Hedges, receiver in supplementary proceedings, against Horace G. Polhemus and others, to have a chattel mortgage given to defendant John Polhemus by defendant E. E. Kenney declared null and void as against the mortgagor’s creditors, and to subject the property mortgaged, or the proceeds thereof, to the payment of the judgments under which plaintiff was appointed receiver.
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Appeal from equity term. Action by Job E. Hedges, receiver in supplementary proceedings, against Horace G. Polhemus and others, to have a chattel mortgage given to defendant John Polhemus by defendant E. E. Kenney declared null and void as against the mortgagor’s creditors, and to subject the property mortgaged, or the proceeds thereof, to the payment of the judgments under which plaintiff was appointed receiver. There was a judgment in favor of plaintiff (30 N. Y. Supp. 556), and defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
Unfortunately for the' position assumed by the appellants, their appeal fails to bring before the general term any question, either of law or fact, touching the merits of the action. An inquiry as to whether the conclusion of the trial judge was correct as matter of law could have only been called for- by an exception taken and filed as prescribed by the Code of Civil Procedure (sections 994, 1022, as amended 1894, and section 1346), which step the appellants omitted from their practice. The result is that the only questions of law presented for our determination are those raised by…
2Cases cited7 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Porter v. . SmithNew York Court of Appeals · 1887
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Grier v. Hazard, Hazard & Co.New York Court of Common Pleas · 1891
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3Cited by1 opinion
- May v. MentonAppellate Terms of the Supreme Court of New York · 1897