Manchester v. . Tibbetts
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order ■ made April 17, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover damages for the alleged unlawful taking and conversion of certain personal property. The facts are sufficiently stated in the opinion. The .mortgage was fraudulent and void.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order ■ made April 17, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover damages for the alleged unlawful taking and conversion of certain personal property. The facts are sufficiently stated in the opinion. The .mortgage was fraudulent and void. (2 R. S. 136, § 5 ; Look v. Comstock, 15 W. R. 244; Camp v. Camp, 2 Hill, 628; Otis v. Sill, 8 Barb. 102; Randall v. Cook, 17 W. R. 53; Edyell v. Hand, 9 N. Y.…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered the value of certain articles of personal property which she claimed had been transferred to her by her husband by means of a chattel mortgage. This instrument was dated October "28, 1886, and on the same day was filed in the county clerk’s office. It purported upon its face to have been given to secure the payment, in" one day after date, of the sum of ,$1,016.06,- due and owing by the husband to the wife. The instrument "transfers numerous articles of personal property then in the possession of the hus band, who kept a saloon and cigar store. It contained the usual…
2Cases cited1 opinion
- Stanley v. . National Union BankNew York Court of Appeals · 1889
3Cited by18 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- United States Fidelity & Guaranty Co. v. PostedCalifornia Court of Appeal · 1944
- Weil v. PoulsenSupreme Court of Connecticut · 1936
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
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