St. John Woodworking Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Herbert Coope and others, from a-judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk.of the county of New York on the 19th day of December, 1901, upon the decision of the court, rendered after a trial at the New York Special' Term, setting aside certain transfers of real estate, with notice of an intention to bring up for review upon such appeal an interlocutory judgment bearing date the 13th day of November,…
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Appeal by the defendants, Herbert Coope and others, from a-judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk.of the county of New York on the 19th day of December, 1901, upon the decision of the court, rendered after a trial at the New York Special' Term, setting aside certain transfers of real estate, with notice of an intention to bring up for review upon such appeal an interlocutory judgment bearing date the 13th day of November, 1900, sustaining the plaintiff’s demurrer to a portion of said defendants’ answer. The action was brought by the…
1Opinion of the Court
Truax, J.:
I am of the opinion that the deed from Smith to Coope and the mortgage from Coope to Shuttleworth were made, executed and delivered with the intent of hindering, delaying and defrauding the creditors of Smith other than the defendant Shuttleworth. At the time said deed and said mortgage were delivered Smith was largely in debt. His creditors were pressing him, and the effect of the execution of the deed was that practically all of his property was put in the possession of Coope and away from Smith’s creditors. Although Smith had parted with the apparent title to the prop*350erty, still…
2Cases cited3 opinions
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Phyfe v. . EimerNew York Court of Appeals · 1871
- A. G. Edwards & Son Brokerage Co. v. RosenheimMissouri Court of Appeals · 1898
3Cited by1 opinion
- Toop v. SmithAppellate Division of the Supreme Court of the State of New York · 1903