Miller v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Selah W. Hallenbeck and another, from a judgment of the Supreme Court in favor of the plaintiffs and certain of the defendants, entered in the office of the clerk of the county, of Fulton on the 37th day of May, 1897, upon the decision of the court rendered at the Fulton Special Term.
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Appeal by the defendants, Selah W. Hallenbeck and another, from a judgment of the Supreme Court in favor of the plaintiffs and certain of the defendants, entered in the office of the clerk of the county, of Fulton on the 37th day of May, 1897, upon the decision of the court rendered at the Fulton Special Term. This action was brought to foreclose a mechanic’s lien filed by the plaintiffs upon premises owned by the defendants Hallenbeck & Allen. ■ The defendants Hallenbeck & Allen,, being the owners of a certain lot of land, entered into a contract with the defendants Charles "A- Smith and…
1Opinion of the Court
Herrick, J.:
If the finding of the trial court, that the payments of $1,500 and $500 were in fraud of the rights of the plaintiffs, and were made collusively, is correct, it disposes of this appeal.
After a careful examination of the evidence as it appears in the printed record, I am unable to find any evidence to support that finding of fact, except that such payments were made in advance of the time when they were due, and that the defendants Hallenbeck & Allen received a discount thereon of $75 upon the $1,500 payment, and $25 upon the $500 payment.
On the other hand, it does appear in the…
2Cases cited7 opinions
- Post v. . CampbellNew York Court of Appeals · 1881
- French v. . BauerNew York Court of Appeals · 1892
- H.B.C. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
- Cheney v. . Troy Hospital AssociationNew York Court of Appeals · 1875
- Jones v. MooresNew York Supreme Court · 1893
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3Cited by5 opinions
- Behrer v. McMillanAppellate Division of the Supreme Court of the State of New York · 1906
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- In re Wil-Low Cafeterias, Inc.District Court, S.D. New York · 1937
- Laurence v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1947