Kavanagh v. Beckwith
New York Supreme Court
ACTION to recover the possession of a stock of hardware goods. The plaintiffs made title to the goods by a purchase thereof from Barnard Horsdreller and Joseph Galen, assignees of J ohn B. Galen, in an assignment made for the benefit of creditors.
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ACTION to recover the possession of a stock of hardware goods. The plaintiffs made title to the goods by a purchase thereof from Barnard Horsdreller and Joseph Galen, assignees of J ohn B. Galen, in an assignment made for the benefit of creditors. The defendant justified the taking, as under sheriff, by virtue of an attachment issued in a suit in the supreme court, brought by E. Corning and others against John B. Galen, which suit was prosecuted to judgment and execution ; and the defendant claimed that the goods, at the time of the taking, were the property of said J ohn B. Galen, and sought…
1Opinion of the Court
By the Court, James C. Smith, J.
It'is provided by section 4, title 3, of the chapter of the revised statutes, entitled “Of fraudulent conveyances and contracts relative to real and personal property,” that the question of fraudulent intent, in all cases arising under the provisions of that chapter, shall be deemed a question of fact, and not of law. (2 R. S. 137, § 4.) In pursuance of that provision it has been held, repeatedly, that where an assignment by an insolvent debtor contains provisions which are calculated, per se, to hinder, delay or defraud creditors, the fraud must be passed upon…
2Cases cited5 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Webb v. Daggett & GreenNew York Supreme Court · 1847
- Cunningham v. FreebornNew York Court of Chancery · 1831
- Cunningham v. FreebornNew York Court of Chancery · 1832
- Terry v. ButlerNew York Supreme Court · 1864
3Cited by13 opinions
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Eckman & Vetsburg v. MunnerlynSupreme Court of Florida · 1893
- Bartlett v. HawleySupreme Court of Minnesota · 1888
- James Chambers, Ltd. v. SmithNew York Supreme Court · 1891
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