New York Court of Appeals

Wesley Mandeville, as Receiver v. Edward H. Avery, Impleaded

March 3, 1891124 N.Y. 376

Summary

The Court reversed the lower court's judgment, holding that the chattel mortgage to the National Bank of Auburn was void as against creditors, that the mortgage to Avery was valid, that no valid assent or consideration existed to estop creditor Ross, that the receiver has standing to sue to set aside the fraudulent mortgage and recover proceeds, and that the pendency of a prior suit does not bar the action.