Brady v. Irby
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; This case hinges on the intention of Brady at the time he had the stock transferred to Mrs. Brady, and whether he was solvent at the time, or such transfer of stock woul d render him so. The evidence shows that at all times until .the Marcur judgment he considered himself solvent; the reason for having the stock issued to his wife is shown, and there is no evidence whatever of an intent to defraud.
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Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; This case hinges on the intention of Brady at the time he had the stock transferred to Mrs. Brady, and whether he was solvent at the time, or such transfer of stock woul d render him so. The evidence shows that at all times until .the Marcur judgment he considered himself solvent; the reason for having the stock issued to his wife is shown, and there is no evidence whatever of an intent to defraud. To render a transfer voidable, the fact that the conveyance was voluntary, while that may be a strong indication of fraudulent…
1Opinion of the CourtFeauenthal, J.
This was an action instituted by a trustee in bankruptcy to set aside and cancel certain transfers of shares of stock of a corporation made by the bankrupt, J. T. Brady, to his wife Laura Brady, upon the ground that such transfers were fraudulent as to the creditors of said bankrupt
It appears that about January 1,1906, a corporation, known as the Brady Mercantile Company, was organized under the laws of the State of Arkansas, with its domicile in Lawrence County. J. T. Brady was its chief promoter, and subscribed for and was the owner of 322 shares of its capital stock, of the par value of…
2Cases cited12 opinions
- Johnston v. LaflinSupreme Court of the United States · 1881
- National Bank v. Watsontown BankSupreme Court of the United States · 1882
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Baltimore Retort & Fire Brick Co. v. MaliCourt of Appeals of Maryland · 1886
- Davis v. YongeSupreme Court of Arkansas · 1905
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3Cited by22 opinions
- Papan v. NahaySupreme Court of Arkansas · 1913
- United States v. JohnstonDistrict Court, W.D. Arkansas · 1965
- Fluke v. SharumSupreme Court of Arkansas · 1915
- Sieb's Hatcheries, Inc. v. LindleyDistrict Court, W.D. Arkansas · 1953
- Southern Lumber Co. v. RileySupreme Court of Arkansas · 1954
17 more not listed; retrieve them via the Exa API.