Legal Opinion

Wood v. Bolard

New York Court of Chancery

Decided January 25, 1841PublishedCited by 3 opinions

This was an appeal from a decree of the late vice chancellor of the 8th circuit, setting aside two assignments of the property of Bolard to Pickard, and a judgment given by the former to the latter, as fraudulent and void ; and directing the judgment of the complainants against Bolard to be paid by the defendant Pickard, the fraudulent assignee, out of the assigned funds in his hands; together with the costs of this suit.

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This was an appeal from a decree of the late vice chancellor of the 8th circuit, setting aside two assignments of the property of Bolard to Pickard, and a judgment given by the former to the latter, as fraudulent and void ; and directing the judgment of the complainants against Bolard to be paid by the defendant Pickard, the fraudulent assignee, out of the assigned funds in his hands; together with the costs of this suit. On the 6th of Jan., 1835, Bolard, the judgment debtor, made an assignment of his property to Pickard % which assignment was fraudulent under the decision in the case of…

1Opinion of the Court

The Chancellor.

I am inclined to think the second assignment and the bond and warrant were fraudulent and void as against the complainants and other creditors of Bolard who did not assent to the same ; independent of the fact that they were made pending the proceedings under the statute, and in fraud of those proceedings. It is not necessary, however, to go into the examination of that point; as I think the objection, that the last assignment and the bond and warrant were a fraud upon the rights which the complainants had acquired, under the non-imprisonment act, to prevent their debtor from…

2Cases cited1 opinion

  1. In re H. HurstNew York Supreme Court · 1831

3Cited by3 opinions

  1. Hall v. . KelloggNew York Court of Appeals · 1855
  2. Hall v. KelloggNew York Court of Appeals · 1855
  3. Spear & Ripley v. WardellNew York Court of Appeals · 1848

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