Beels v. Flynn
Nebraska Supreme Court
Error to tbe district court for Madison county. Tried below before Powers, J. Under sec. 17, eh. 32, Comp. Stats., a fraudulent conveyance is void only “as against the person so hindered, delayed, or defrauded.” There must ,be both an intent to defraud and a,n actual hindrance of creditors. (Aultman v. Heiney, 59 la., 654; Baldwin v. O’Laughlin, 28 Minn., 68; Rice v. Perry, 61 Me., 145; 8ellv.
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Error to tbe district court for Madison county. Tried below before Powers, J. Under sec. 17, eh. 32, Comp. Stats., a fraudulent conveyance is void only “as against the person so hindered, delayed, or defrauded.” There must ,be both an intent to defraud and a,n actual hindrance of creditors. (Aultman v. Heiney, 59 la., 654; Baldwin v. O’Laughlin, 28 Minn., 68; Rice v. Perry, 61 Me., 145; 8ellv. Bailey, 119 Ind., 51; Knight v. Glasseoclc, 51 Ark., 390; ■ Mason v. Pierron, 63 Wis., 239; Wait, Fraud. Conv., sec. 143.)
1Opinion of the CourtMaxwell, J.
This action was brought by the plaintiff against the defendant in the district court of Madison county to recover a judgment for the conversion of “The entire stock of harness, whips, saddles, saddlery hardware, collars and leather, the safe, show case, and stove which were in the harness shop in Beels’ block, in the city of Norfolk, Nebraska, at the time hereinafter mentioned, formerly occupied by H. L. Spaulding, together with all the tools and fixtures belonging to said shop, which goods and chattels were of the value of $1,163.26.
“On the 28th day of April, 1888, the defendant obtained…
2Cases cited3 opinions
- Seymour v. . WilsonNew York Court of Appeals · 1859
- Weed v. PierceCourt Of Oyer And Terminer New York · 1827
- Crittenden v. SandsNebraska Supreme Court · 1885
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- Filley v. MancusoNebraska Supreme Court · 1942
- Griswold v. SzwanekNebraska Supreme Court · 1908
- Sonnenschein v. BartelsNebraska Supreme Court · 1893
- Crites v. HartNebraska Supreme Court · 1896
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