Baldwin v. . Short
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made December 1, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of'the court on trial at Special Term. • This action was brought by plaintiff, as assignee for the benefit of creditors of the firm of Dow, Short & Co., to set aside a deed executed by the defendant Orinda B. Sperry, a member of said firm, to the defendant Fannie…
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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made December 1, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of'the court on trial at Special Term. • This action was brought by plaintiff, as assignee for the benefit of creditors of the firm of Dow, Short & Co., to set aside a deed executed by the defendant Orinda B. Sperry, a member of said firm, to the defendant Fannie M. Short as. fraudulent and void as against creditors. The burden of proof is, upon the plaintiff to establish that the…
1Opinion of the CourtFinch, J.
The findings of fact in this case establish that the conveyance of the house and lot to Mrs. Short by Mrs. Sperry was made and accepted with an intent on the part of both grantee and grantor to hinder, delay and defraud the creditors of the latter. The conveyance was not voluntary, for it was made in part in consideration of a debt of about $8,000, which the findings show was an honest debt, and justly due to the grantee from the grantor. The conclusion of a fraudulent intent on the part of Mrs. Short was, therefore, essential to a recovery, and was established by proof that the balance of…
2Cases cited2 opinions
- Boyd v. DunlapNew York Court of Chancery · 1815
- Dewey v. . MoyerNew York Court of Appeals · 1878
3Cited by26 opinions
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- Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Enthoven v. EnthovenNew York Supreme Court · 1938
- Brody v. PecoraroNew York Court of Appeals · 1928
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