Jaycox v. . Caldwell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of' defendants, entered on the report of a referee. (Reported below, 37 How. Pr., 240.) The action was brought to set aside an assignment, made by the defendant William Caldwell, to assignees for the benefit of his creditors as fraudulent, on the ground of a preference given to his wife for a debt alleged to be due from him to her for money borrowed.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of' defendants, entered on the report of a referee. (Reported below, 37 How. Pr., 240.) The action was brought to set aside an assignment, made by the defendant William Caldwell, to assignees for the benefit of his creditors as fraudulent, on the ground of a preference given to his wife for a debt alleged to be due from him to her for money borrowed. The facts sufficiently appear in the opinion. At the time of the marriage, the wife’s property became absolutely vested in…
1Opinion of the Court
Lott, Ch. C.
It appears, by the report and additional findings of the referee who tried the issues, that the defendants Caldwell and wife were married in the year 1841; that at the time of making the assignment in question the defendant William Caldwell was insolvent, and was then actually and justly indebted to his wife in the sum of $700 for moneys borrowed by him of her within the three years next preceding its date (being the fourth day of February, 1867); and he finds further that the said assignment was made and preference was given thereby by him to his wife for such indebtedness in…
2Cases cited1 opinion
- Babcock v. . EcklerNew York Court of Appeals · 1862
3Cited by18 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Whiton v. . SnyderNew York Court of Appeals · 1882
- Hileman v. HilemanIndiana Supreme Court · 1882
- Bennett v. BennettWest Virginia Supreme Court · 1892
- Tunno v. RobertSupreme Court of Florida · 1878
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