Appellate Division of the Supreme Court of New York, 1938

Hewlett v. National Surety Corp.

Hewlett v. National Surety Corp.
Appellate Division of the Supreme Court of New York · Decided June 22, 1938
254 A.D. 916; 6 N.Y.S.2d 358; 1938 N.Y. App. Div. LEXIS 8289
Hewlett v. National Surety Corp.

Opinion of the Court

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

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