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 Westchester on the 7th day of Uovemher, 1898, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits.
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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 Westchester on the 7th day of Uovemher, 1898, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits. The action was brought by the plaintiff, who was a judgment' creditor of the defendant Horace Craighead, to set aside as fraudulent as to creditors a conveyance exectifed by the defendant Horace Craighead to Frances Craighead, his wife.
1Opinion of the Court
Goodrich, P. J.:
The doctrine which' must control the decision tin this appeal is fairly enunciated in Kain v. Larkin (131 N. Y. 300), where the court held that it was not sufficient to condemn a conveyance of land as a fraud on "creditors of the grantor that'. it was not founded on a- valuable consideration; that other facts must he proved showing that the conveyance was made with a fraudulent intent. -. The decision was based on sections 1 and 4 of 4 Revised Statutes (8th ed *2612592, 2593), which are not changed in the ninth edition (Vol. 2, 1887, 1888). Section 4 reads as follows: “ The…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1892
- McCole v. LoehrIndiana Supreme Court · 1881
- Guy v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Durland v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1916
- Hooker, Corser & Mitchell Co. v. HookerNew York Supreme Court · 1918
- Park v. CowanNew York Supreme Court · 1918
- Fitzpatrick v. FoxAppellate Division of the Supreme Court of the State of New York · 1903
- Fitzpatrick v. FoxAppellate Division of the Supreme Court of the State of New York · 1903