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Laughlin v. Greenhouse

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 1941
261 App. Div. 1052 (N.Y. App. Div. 1941)

Opinion

March 21, 1941.

Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.


Judgment reversed on the law and facts and new trial granted, with costs to the appellants to abide the event. Appeal from order dismissed as academic. Finding of fact disapproved and reversed. Memorandum: The judgment in favor of defendants rests upon findings that the defendant Greenhouse in payment of his debt to defendant Wollen, delivered to Wollen the chattels listed in an unfiled chattel mortgage given by Greenhouse to Wollen. We believe these findings to be against the weight of evidence. In view of the unsatisfactory state of the record we think that the ends of justice will be best served by granting a new trial. All concur. (The judgment dismisses plaintiffs' complaint on the merits in an action to set aside a chattel mortgage in fraud of creditors. The order denies plaintiffs' motion for a new trial on the ground of newly-discovered evidence.)


Summaries of

Laughlin v. Greenhouse

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 1941
261 App. Div. 1052 (N.Y. App. Div. 1941)
Case details for

Laughlin v. Greenhouse

Case Details

Full title:JOSEPH LAUGHLIN, Doing Business under the Assumed Name and Style of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 21, 1941

Citations

261 App. Div. 1052 (N.Y. App. Div. 1941)