First National Bank v. Warner
New York Supreme Court
Appeal from special term, Steuben county. Action by the First National Bank of Bath against Thomas AVarner and others. The plaintiff is the judgment creditor of the defendant Thomas Warner, the judgments amounting in the aggregate to the sum of $20,000, rendered in several actions, one of which was against the said Warner individually, and in the others the judgment is joint against him and other parties.
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Appeal from special term, Steuben county. Action by the First National Bank of Bath against Thomas AVarner and others. The plaintiff is the judgment creditor of the defendant Thomas Warner, the judgments amounting in the aggregate to the sum of $20,000, rendered in several actions, one of which was against the said Warner individually, and in the others the judgment is joint against him and other parties. This action attacks as .fraudulent the individual assignment of the said Warner, made on the ‘27th day of May, 1885, to Drake and Searl, as assignees for the benefit of creditors, and to…
1Opinion of the CourtBarker, P. J.
Nothing appears on the face of the assignment which indicates that the assignor has applied his property to a fraudulent or unlawful purpose, or that the trust created is not in all respects legal and valid. In terms he has devoted all his property not exempt from sale on execution to the payment of his debts, and to the discharge of his legal obligations. The plaintiff, however, charges that the transaction was a fraudulent one on the part of the assignor, and that he made the assignment, and placed his property in trust, with the intent to hinder, delay, and defraud a portion of his…
2Cases cited3 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Starin v. . KellyNew York Court of Appeals · 1882
- Rothschild v. SalomonNew York Supreme Court · 1889
3Cited by2 opinions
- Armour v. DoigSupreme Court of Florida · 1903
- Frank v. BrewerNew York Supreme Court · 1889