Dyer v. Taylor
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. R, B. Rutherford, Circuit Judge. 1. To render a sale of goods void as to creditors and ven-dees, it must appear that not only the intent to defraud his-creditors existed in the mind of tbe vendor, but said intent was known to and participated in by the vendee, thus aiding the vendor to defraud his creditors. 9 Arle., 482; 23 Id.,. 258 ; 30 Arh., 417 ; 31 Id., 554 ; 32 Id., 255. The fraudulent intent must exist at the time of the sale.
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APPEAL from Crawford Circuit Court. R, B. Rutherford, Circuit Judge. 1. To render a sale of goods void as to creditors and ven-dees, it must appear that not only the intent to defraud his-creditors existed in the mind of tbe vendor, but said intent was known to and participated in by the vendee, thus aiding the vendor to defraud his creditors. 9 Arle., 482; 23 Id.,. 258 ; 30 Arh., 417 ; 31 Id., 554 ; 32 Id., 255. The fraudulent intent must exist at the time of the sale. No subsequent illegal acts either in omission or commission can in any manner invalidate it. 39 N. Y, 200; 85 N. Y.t…
1Opinion of the CourtBattle, J.
Taylor being sheriff of Crawford county, seized a stock of goods under and by authority of several orders of attachment sued out by the creditors of J. N. Patton. Dyer, •claiming to have purchased the goods of Patton, brought this action against Taylor to recover possession of them. The sale to Dyer was made about ten days before the seizure by ■the sheriff. Taylor contends that the sale was fraudulent and void as to Patton’s creditors
The evidence introduced in the trial tended to prove the following facts: Patton was the owner of a stock of goods ; was a merchant, and did business in Alma,…
2Cases cited6 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Clements v. MooreSupreme Court of the United States · 1868
- McAleer v. HorseyCourt of Appeals of Maryland · 1872
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- Kerns v. Washington Water Power Co.Idaho Supreme Court · 1913
- Rosewater v. Schwab Clothing Co.Supreme Court of Arkansas · 1894
- Less v. GriceSupreme Court of Arkansas · 1913
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