Laughlin v. Greenhouse

Appellate Division of the Supreme Court of New York

Laughlin v. Greenhouse

261 A.D. 1052, 26 N.Y.S.2d 521, 1941 N.Y. App. Div. LEXIS 8700

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

DecidedMarch 21, 1941

StatusPublished

This text of 261 A.D. 1052 (Laughlin v. Greenhouse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Laughlin v. Greenhouse, 261 A.D. 1052, 26 N.Y.S.2d 521, 1941 N.Y. App. Div. LEXIS 8700 (N.Y. Ct. App. 1941).

Pincite

Opinion

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

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

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Bluebook (online)

261 A.D. 1052, 26 N.Y.S.2d 521, 1941 N.Y. App. Div. LEXIS 8700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laughlin-v-greenhouse-nyappdiv-1941.