Griffin v. . Marquardt
New York Court of Appeals
Appeal from the Supreme Court. The action was by-judgment creditors of Marquardt, to procure the setting aside, as fraudulent and void, of an assignment executed by Marquardt to the defendant Judson. The cause was tried before a justice of the Supreme Court, without a jury.
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Appeal from the Supreme Court. The action was by-judgment creditors of Marquardt, to procure the setting aside, as fraudulent and void, of an assignment executed by Marquardt to the defendant Judson. The cause was tried before a justice of the Supreme Court, without a jury. He found, as matters of fact, that Judson, the assignee, left the personal property assigned in the possession of the assignor for one month subsequent to the assignment; and that there was no such evidence of good faith, and that the assignment was made without any intent to defraud the creditors of the assignor, as to…
1Opinion of the CourtComstock, J.
The decision of the judge who tried the cause at special term is not intelligible, unless we understand it to rest upon the ground that there was no fraudulent intent on the part of Judson, the assignee. The judge found that the assignment was not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the goods, as the statute requires. (2 R. S., 136, § 5.) The assignment was, therefore, presumptively fraudulent; and the finding also states that there was no sufficient evidence of good faith to repel such presumption. I conclude, therefore, that…
2Cases cited2 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Edmonston v. . McLoudNew York Court of Appeals · 1858
3Cited by26 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Smith v. . FeltonNew York Court of Appeals · 1871
- Young v. . HeermansNew York Court of Appeals · 1876
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