Auburn Exchange Bank v. Fitch
New York Supreme Court
THE action was brought to set aside several deeds of conveyance of real estate, by the defendants, Morrell S. Fitch, and Laura his wife, to the defendant Mrs. Masters; a chattel mortgage by the said Morrell S. Fitch, to the said Elorsey S. Masters ; a transfer of stock in the Auburn Gas Company, by the said Morrell S. Fitch to his wife, and a subsequent transfer thereof'by her to the defendant James C. Reed ; and transfers to either of the other defendants-; and a general…
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THE action was brought to set aside several deeds of conveyance of real estate, by the defendants, Morrell S. Fitch, and Laura his wife, to the defendant Mrs. Masters; a chattel mortgage by the said Morrell S. Fitch, to the said Elorsey S. Masters ; a transfer of stock in the Auburn Gas Company, by the said Morrell S. Fitch to his wife, and a subsequent transfer thereof'by her to the defendant James C. Reed ; and transfers to either of the other defendants-; and a general assignment by Curtis Hemingway, a defendant, and the said Morrell S. Fitch, to Elmore P. Ross, for the benefit of…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The judgment rendered at special term, adjudging that the several conveyances and transfers therein mentioned from the defendant Morell S. Fitch to the defendants Eiorsey S. Masters, Laura Fitch and John P. Pingree, including the chattel mortgage also therein mentioned, were fraudulent and void, and directing that the same be set aside, vacated and annulled, was based *348upon an express finding of fact in which the learned judge finds “that the said several conveyances and transfers were executed by the said Fitch with intent to hinder, delay and defraud the…
2Cases cited2 opinions
- Miller v. AdsitNew York Supreme Court · 1837
- Jessup v. . HulseNew York Court of Appeals · 1860
3Cited by18 opinions
- Billings v. . RussellNew York Court of Appeals · 1886
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Hine v. . BoweNew York Court of Appeals · 1889
- Commercial Bank v. BoltonAppellate Division of the Supreme Court of the State of New York · 1897
- Clift v. MosesNew York Supreme Court · 1894
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