Legal Opinion

Sommers v. Cottentin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the plaintiffs, Isaac Sommers and others, from portions of, and by the defendants, Leon Gotten tin and others, from the whole of, a final judgment of the Supreme Court, entered in the •office of the clerk of the county of New York on the '3d day of May, 1897, upon the report of a referee, an interlocutory, judgment •entered in said clerk’s office on the 22d day of May, 1895, upon the' report of a referee, and an order entered in said clerk’s office on the 13th day…

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Appeal by the plaintiffs, Isaac Sommers and others, from portions of, and by the defendants, Leon Gotten tin and others, from the whole of, a final judgment of the Supreme Court, entered in the •office of the clerk of the county of New York on the '3d day of May, 1897, upon the report of a referee, an interlocutory, judgment •entered in said clerk’s office on the 22d day of May, 1895, upon the' report of a referee, and an order entered in said clerk’s office on the 13th day of April,. .1897, overruling exceptions to the report of the -referee appointed under the interlocutory judgment. ■

1Opinion of the Court

Patterson, J.:

These are cross-appeals, the defendants appealing from both an interlocutory and a final judgment. The cause was tried before a .referee appoiuted to hear and determine the issues. His report was confirmed and an interlocutory judgment- was entered thereon, by which certain conveyances, mortgages and transfers of property were declared.to be fraudulent and ..void as against the plaintiffs, judgment creditors of the defendant Leon Cottentin. By such interlocutory judgment another referee was appointed to take and r state an account and determine and report what property and…

2Cases cited4 opinions

  1. Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
  2. Delaney v. . ValentineNew York Court of Appeals · 1898
  3. Mitchell v. . WestNew York Court of Appeals · 1873
  4. Delaney v. ValentineNew York Supreme Court · 1894

3Cited by2 opinions

  1. Metcalf v. MosesAppellate Division of the Supreme Court of the State of New York · 1898
  2. Diamond v. DiamondNew York Supreme Court · 1951

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