Newman v. Cordell
New York Supreme Court
THIS was an action, brought on the equity side of the court, for the purpose of having certain deeds, alleged to have been executed for the purpose of defrauding creditors, declared void, and to have certain lands held in the name of Angeline Cordell, wife of the- defendant John P. Cordell, adjudged to be in fact the property of John P. Cordell, and liable to be sold for the payment of his debts.
Read the full summary
THIS was an action, brought on the equity side of the court, for the purpose of having certain deeds, alleged to have been executed for the purpose of defrauding creditors, declared void, and to have certain lands held in the name of Angeline Cordell, wife of the- defendant John P. Cordell, adjudged to be in fact the property of John P. Cordell, and liable to be sold for the payment of his debts. The cause was tried before Justice Hogeboom and a jury ordered to try the issues of fact made by the pleadings, at the Albany circuit, in January, 1863. It appeared upon the trial that the plaintiff…
1Opinion of the Court
*453By the Court,
Miller, J.
The most important questions in this case arise upon the motion made by the counsel for the defendants, at the close of the evidence, to nonsuit the plaintiff.
First. The first point to be considered in this connection is whether there was sufficient evidence of fraud and of a fraudulent intent on the part of John P. Cordell, in the whole transaction, to authorize the court to submit the case to the jury and which would justify the jury, in connection with other evidence, in rendering a verdict in favor of the plaintiff.
(1.) I think it may be said with propriety that the…
2Cases cited5 opinions
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Anderson v. RobertsNew York Supreme Court · 1820
- Carpenter v. . StilwellNew York Court of Appeals · 1854
- Miller v. AdsitNew York Supreme Court · 1837
- Onderdonk v. City of BrooklynNew York Supreme Court · 1860
3Cited by13 opinions
- Starin v. . KellyNew York Court of Appeals · 1882
- Spaulding v. BlytheIndiana Supreme Court · 1880
- Hall v. SusskindCalifornia Supreme Court · 1898
- Wallace v. NodineNew York Supreme Court · 1890
- Keller v. N. Y. Central R. R.New York Court of Appeals · 1861
8 more not listed; retrieve them via the Exa API.