Allee v. Slane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William H. Allee and others, as executors and trustees, etc., of Joseph B. Allee, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 11th day of February, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint.
1Opinion of the Court
Woodward, J.:
It will be conceded, as contended by the counsel in behalf of the plaintiffs, that a conveyance by a husband to his wife will always be carefully scrutinized, and that as to creditors it is open to the pre-' sumption of fraud, but in the case at bar the plaintiffs have failed to establish that they were creditors at the time the transfer was made, or that the defendant John T. Slane was insolvent at the time of the delivery of the deed to his wife. It is true that there is some conflict in the statements of the defendants in respect to some of the details, but these cannot avail…
2Cited by5 opinions
- Elliott v. ElliottDistrict Court, S.D. New York · 1973
- Agretto v. Easton Industrial Corp.New York Supreme Court · 1964
- Cain v. SnyderNew York Supreme Court · 1912
- Cain v. SnyderNew York Supreme Court · 1912
- Smith v. EldredgeNew York Supreme Court · 1913