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Goddard v. Gladding

157 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1916-03-10 English

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p. 1126
William O. GODDARD, as Trustee in Bankruptcy, etc., respondent, v. William J. GLADDING, appellant.
(Supreme Court, Appellate Division, Second Department.
March 10, 1916.)

Judgment reversed, and new trial granted, costs to abide the final award of costs, upon the ground that it does not appear that Lundy was insolvent at the time he executed the mortgage, and that, at least in the absence of such evidence, it is not sufficiently shown that the mortgage was executed to the defendant in bad faith and without consideration. Thomas, Stapleton, Mills, and Putnam, JJ., concur. Jenks, P. J., taking no part.