Alcock v. . Davitt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 18, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, •are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 18, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, •are stated in the opinion. Upon the trial the -defendant established and the referee found that there was no consideration given for the bond and mortgage in suit at the time they were executed, nor for a year prior thereto, ■and they were, therefore, presumptively void as to creditors. (Code Civ. Pro. § 840; Case v. Boughton,…
1Opinion of the CourtCullen, J.
The action was brought to foreclose a mortgage given by Thomas Weaver, since deceased, to secure the payment of one thousand dollars. The appellant was a judgment creditor of the mortgagor and owner of the equity of redemption. lie recovered his judgment subsequent to the mortgage on a claim arising before that time. lie was made a party defendant to the foreclosure, and answered, alleging that the mortgage was given without consideration and for the purpose of defrauding the creditors of the mortgagor. The issues in the action were referred to a referee, who reported in favor of the…
2Cited by7 opinions
- Foreman v. ForemanNew York Court of Appeals · 1929
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1918
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
- Cuyler v. . WallaceNew York Court of Appeals · 1905
- Burt Olney Canning Co. v. . StateNew York Court of Appeals · 1921
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