Holden v. . Burnham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a verdict. (Mem. of decision below, 2 Hun, 678; 5 T. & 0., 195.) This action was brought by plaintiffs as judgment creditors of defendant John W. Burnham, to set aside two deeds of certain real estate, one from said Burnham to defendant Lewis; the other from said Lewis to defendant Anna, wife of said John W. Burnham, upon the ground that said conveyances were without consideration and fraudulent as against creditors. The referee found a…
1Opinion of the CourtAndrews, J.
Conceding the claim of the counsel for the plaintiff, that the finding of the referee that the conveyance to Mrs. Burnham was founded upon a valuable consideration in equity was erroneous, yet this does not entitle the plaintiff to a reversal of the judgment. Although the conveyance from the husband was voluntary, it was not, for that reason, necessarily or presumptively fraudulent, as against his creditors. This I understand to be the necessary inference from the statute, which declares that no “ conveyance or charge shall be adjudged fraudulent as against creditors or purchasers solely on…
2Cases cited2 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Fabbri v. . KalbfleischNew York Court of Appeals · 1873
3Cited by10 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- Dunn v. WhalenNew York Supreme Court · 1893
- French v. HolmesSupreme Judicial Court of Maine · 1877
- Voorheis v. BlantonCourt of Appeals for the Fourth Circuit · 1898
- Eastern Capital Corp. v. FreemanAppellate Division of the Supreme Court of the State of New York · 1957
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