Vogedes v. Beakes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Adam W. Beakes, as sheriff of Orange , county, from a judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 18th day of September, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order bearing date the 11th day of October, 1897, and entered in said clerk’s office, denying the defendant’s motion for ■a new trial…
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Appeal by the defendant, Adam W. Beakes, as sheriff of Orange , county, from a judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 18th day of September, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order bearing date the 11th day of October, 1897, and entered in said clerk’s office, denying the defendant’s motion for ■a new trial made upon the minutes. The action was brought to recover from the defendant the value of certain property which had…
1Opinion of the Court
Cullen, J. :
I think-that the defendant should have a new trial. Assuming that the bona fides of the debt from her husband to the plaintiff was •conclusively established, this fact alone would not uphold the transfer of the property if it was made with intent to hinder, delay or •defraud creditors. (Billings v. Russell, 101 N. Y. 226.) There was some evidence from which the jury might have found that no change •of possession accompanied the transfer from the husband to the wife, for they were not obliged to believe the testimony of the plaintiff, ■she being an interested party. If the jury…
2Cases cited1 opinion
- Billings v. . RussellNew York Court of Appeals · 1886
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- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953
- Musso v. Herman (In Re Tesmetges)United States Bankruptcy Court, E.D. New York · 1988
- Petroleum Marketing Corp. v. Metropolitan Petroleum Corp.Supreme Court of Pennsylvania · 1959
- Willis v. WillisAppellate Division of the Supreme Court of the State of New York · 1903
- Stewart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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