Legal Opinion

Cunningham v. Freeborn

New York Court of Chancery

Decided October 2, 1831PublishedCited by 7 opinions

This was an appeal from a decree of the vice chancellor of the first circuit. The complainant was a judgment creditor of the defendant T. Freeborn, and filed his bill to set aside as fraudulent, an assignment of his property made by him to the defendant G. Freeborn. The cause was heard on bill and answer, before the vice chancellor, who decided that the assignment was not fraudulent; and he dismissed the bill as to the assignee, with costs.

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This was an appeal from a decree of the vice chancellor of the first circuit. The complainant was a judgment creditor of the defendant T. Freeborn, and filed his bill to set aside as fraudulent, an assignment of his property made by him to the defendant G. Freeborn. The cause was heard on bill and answer, before the vice chancellor, who decided that the assignment was not fraudulent; and he dismissed the bill as to the assignee, with costs. The reasons for this decision, as assigned by the vice chancellor, were as follows : The complainant recovered several judgments against Thomas Freeborn,…

1Opinion of the Court

The Chancellor.

As this cause was heard on bill and answer only, the denial of all fraud in the execution of the assignment is conclusive evidence of the fact in favor of the defendants, unless that allegation is inconsistent with or is contradicted by some other statement or admission in the answer. But the vice chancellor was correct in supposing that the general denial of fraud was not sufficient, if it appeared upon the face of the assignment that its legal effect would be to delay, hinder and defraud the complainant, or other creditors of the assignor. The revised statutes have not made…

2Cited by7 opinions

  1. Curran v. RothschildColorado Court of Appeals · 1900
  2. Kavanagh v. BeckwithNew York Supreme Court · 1865
  3. Burr v. ClementSupreme Court of Colorado · 1885
  4. Kellogg v. SlawsonNew York Supreme Court · 1852
  5. Wharton v. ClementsCourt of Chancery of Delaware · 1868

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