Legal Opinion

Smith v. Vodges, Assignee

Supreme Court of the United States

Decided January 17, 1876No. 114PublishedCited by 19 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania.

1Opinion of the Court

Ms. Justice Swayne

delivered the opinion of the court.

The law of this case is too well settled to admit of doubt. In order to defeat a settlement made by a husband upon his wife, it must be intended to defraud existing creditors, or creditors whose rights are expected shortly to supervene, or creditors whose rights may and do so supervene; the settler purposing to throw the hazards of business in which he is about to engage upon others, instead of honestly holding his means subject to the chance of those adverse results to which all business enterprises are liable. Sexton v. Wheaton, 8 Wheat.…

2Cases cited2 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Sexton v. WheatonSupreme Court of the United States · 1823

3Cited by19 opinions

  1. Martin v. ColeSupreme Court of the United States · 1881
  2. Schreyer v. ScottSupreme Court of the United States · 1890
  3. Western Union Tel. Co. v. American Bell Tel. Co.Court of Appeals for the First Circuit · 1903
  4. Second National Bank of Beloit v. MerrillWisconsin Supreme Court · 1892
  5. McDermott v. EbornSupreme Court of Alabama · 1890

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