Sheridan v. McCormick
North Dakota Supreme Court
Action to set aside a fraudulent conveyance. Appeal from the District Court of Eenville County,' Honorable A. E. Leighton, Judge. Judgment for plaintiffs. • Defendants appeal. “In all cases arising under § 5599 or under tbe provisions of tbis chapter, the question of the fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.” Comp.
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Action to set aside a fraudulent conveyance. Appeal from the District Court of Eenville County,' Honorable A. E. Leighton, Judge. Judgment for plaintiffs. • Defendants appeal. “In all cases arising under § 5599 or under tbe provisions of tbis chapter, the question of the fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.” Comp. Laws 1913, §§ 5052, 5055, 1223; Stevens v. Meyers, 14 N. D. 398, 104 N. W. 529; Merchants’ Nat. Bank v. Collard, 33 N. D. 556. “Fraud wbicb…
1Opinion of the Court
Bruce, Ch. J.
This action comes before us for a trial de novo, and is brought to set aside a fraudulent conveyance. On the 3d day of May the plaintiffs recovered a judgment against the McCormicks for the sum of $1,140.25.
The indebtedness on which the judgment was' founded grew out of 'the sale of an abstract business by the plaintiffs to the defendants, on September 8, 1911, for $4,100, payable in monthly instalments of $50, and the action was brought on the instalments then due and unpáid-.
The transfer which is sought to be set aside was made by the McCormicks to the defendant W. A. Overing,…
2Cases cited3 opinions
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
3Cited by7 opinions
- Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1941
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- Blixt v. JanowiakWisconsin Supreme Court · 1922
- Holden v. WalkerNorth Dakota Supreme Court · 1933
- Commerce Bank of Lebanon v. Halladale A Corp.Missouri Court of Appeals · 1981
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