Bank of Commerce v. Payne, Viley & Co.
Court of Appeals of Kentucky
Case 63 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. A deed of assignment purporting to be for the benefit of creditors is within the statute, and fraudulent, where the intention to hinder or delay creditors influenced in whole or in part the assignor in making the deed. It is not the fact of delay, but its character and the motive which actuated it, that is deemed fraudulent in law.
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Case 63 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. A deed of assignment purporting to be for the benefit of creditors is within the statute, and fraudulent, where the intention to hinder or delay creditors influenced in whole or in part the assignor in making the deed. It is not the fact of delay, but its character and the motive which actuated it, that is deemed fraudulent in law. (Lyne v. Bank of Kentucky, 5 J. J. Mar., 554; Lowry v. Eisher, 2 Bush, 76; Vernon v. Morton, 8 Dana 263 ; Christopher v. Covington, 2 B. M., 358; German Insurance Bank v. Nunes, 80 Ky., 334;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED TEE OPINION ON THE COURT, CHIEF JU STICE PBYOB DISSENTING.
September 10, 1884, tlie Bank of Commerce instituted this action against Payne & Yiley, a firm composed of TI. C. Payne and John T. Yiley, doing business prior to that time in the city of Louisville.
In the petition it is stated the plaintiff held four promissory notes, not then due, on the firm for the aggregate amount of eighteen thousand five hundred dollars; that each of the defendants had departed from the county of his residence to avoid the service of summons, and had sold, conveyed or otherwise disposed of *452Ms…
2Cases cited7 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Lowry v. FisherCourt of Appeals of Kentucky · 1867
- Bridgford v. BarbourCourt of Appeals of Kentucky · 1882
- Vernon & Averill v. Morton & SmithCourt of Appeals of Kentucky · 1839
- German Insurance Bank v. NunesCourt of Appeals of Kentucky · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
- Central Appalachian Co. v. BuchananCourt of Appeals for the Sixth Circuit · 1898
- O'Kane v. VinnedgeCourt of Appeals of Kentucky · 1900
- Coral Gables, Inc. v. BarnesCourt of Appeals of Kentucky (pre-1976) · 1933
- Shannon v. DuffieldCourt of Appeals of Kentucky (pre-1976) · 1927
8 more not listed; retrieve them via the Exa API.