Hewlett v. National Surety Corporation

Full title: KATHRYN HEWLETT, Respondent, v. NATIONAL SURETY CORPORATION, Appellant

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

Date published: Jun 22, 1938

254 App. Div. 916 (N.Y. App. Div. 1938)

Opinion

June 22, 1938.

Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.

The trial court held that there is no substantial proof in the case which would justify a holding that the chattel mortgage was actually fraudulent, and also held the inference warranted that the chattel mortgage was in place of a chattel mortgage for the same amount, previously given by the husband to one Benjamin S. Tupper, "which was paid or acquired." Judgment unanimously affirmed, with costs.