Cunningham v. Freeborn
New York Court of Chancery
The complainant was a judgment creditor of Thomas Freeborn; and after execution had been returned nulla tona, he filed his bill.
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The complainant was a judgment creditor of Thomas Freeborn; and after execution had been returned nulla tona, he filed his bill. In which, amongst otherthings, it was alleged, that, with a view to defeat the judgments obtained by the complainant, the defendant, Thomas Freeborn, had collusively and fraudulently entered into an arrangement with his son, George Freeborn, and made and executed to him, without consideration, a pretended deed of assignment of all his property, under the pretence of paying some debt or debts alleged to be due by Thomas Freeborn to George Freeborn, or some other…
1Opinion of the Court
The Vice-Chanceeeor.
This cause has been heard upon bill and answers.
The complainant recovered several judgments against Thomas Freeborn, one of the defendants, upon promissory notes; and issued executions, which were returned unsatisfied.
He now files his bill and seeks for payment and satisfaction out of property covered by an assignment made by his debtor on the twenty-fifth day of March one thousand eight hundred and thirty, upon the allegation of its being fraudulent and void.
The answers fully deny all the charges of fraud. But it is, nevertheless, contended that the assignment, as set…
2Cases cited2 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Jackson ex dem. Peek v. PeekNew York Supreme Court · 1830
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