Fiedler v. Day
The Superior Court of New York City
This was a judgment creditor’s bill after the return of an execution unsatisfied. It was originally filed against George W. Day, the judgment debtor, and contained the allegation usual in such cases.
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This was a judgment creditor’s bill after the return of an execution unsatisfied. It was originally filed against George W. Day, the judgment debtor, and contained the allegation usual in such cases. It was afterwards amended by making the other defendants parties, and by setting forth that the defendant, Geo, W. Day,, had, with intent to defraud subsequent creditors, executed an assignment to the defendants, Mangum and Sayre, for the benefit of his wife, the defendant Mary Day. George W. Day answered the original bill, but suffered the amended bill to be taken as confessed, as did his wife.…
1Opinion of the CourtBy the Court. Mason, J.
The deed of trust, to the defendants, Sayre and Mangum, was clearly void as to creditors. It was purely voluntary. There was no actual delivery of the money pretended to be conveyed to the trustees, or of the property in which it was said the money was invested, but the whole was retained in the hands of the grantor. The excuse offered by the trustees for not requiring it to be paid over is, that Day could not take the amount out of his business without great loss and sacrifice, and therefore they consented to let it remain in his hands without interest, merely receiving his note for the…
2Cases cited1 opinion
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by8 opinions
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- Hook v. MowreSupreme Court of Iowa · 1864
- In re SmithDistrict Court, N.D. New York · 1869
- Sweetser v. SmithNew York Supreme Court · 1889
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