Guy v. Craighead
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred E. Guy, from a judgment of the Supreme Court in favor of the defendants, entered in the office of. the clerk of the county of Hew York on the 25th day of March, 1897, upon the decision of the court rendered after, a trial at the Hew York Special Term dismissing his complaint.
1Opinion of the Court
Patterson, J. :
This is a creditor’s action to set aside as fraudulent and void a •conveyance made on the 3d day of March, 1893, by the defendant-*461Horace Craighead to his wife of certain lots of land situate in the city of Hew York. The court below dismissed the complaint on the merits, and from the judgment entered upon that decision this-appeal is taken.
It is a familar rule that, to authorize the setting aside of a conveyance on the ground of fraud upon creditors, there must have been not only the conveyance itself, but it must transfer property out of which the creditor could have realized…
2Cases cited3 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Kain v. . LarkinNew York Court of Appeals · 1892
- Hoyt v. . GodfreyNew York Court of Appeals · 1882
3Cited by5 opinions
- Guy v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1899
- Parrott v. MayerNew York Supreme Court · 1900
- Gut v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1900
- Guy v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1900
- Lippitt v. GilmartinAppellate Division of the Supreme Court of the State of New York · 1899