Clark v. Wise
New York Supreme Court
THIS was a case submitted to the court, without action, under section 372 of the Code of Procedure. The defendant Peter A. Wise, manufacturer of hay elevators and forks at Stockbridge, H. Y., having become insolvent and unable to pay his debts, sold all his stock in trade and real estate and personal property, except such as is exempt from execution, to the defendant Henry Horton, for the consideration of $10,962.21, that being its full value.
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THIS was a case submitted to the court, without action, under section 372 of the Code of Procedure. The defendant Peter A. Wise, manufacturer of hay elevators and forks at Stockbridge, H. Y., having become insolvent and unable to pay his debts, sold all his stock in trade and real estate and personal property, except such as is exempt from execution, to the defendant Henry Horton, for the consideration of $10,962.21, that being its full value. Horton was liable, as first indorser on two of Wise’s notes, for $892.53. In the transaction, Wise handed over $859 in money, to enable Horton to pay…
1Dissent
Morgan, J.,
(dissenting.) In my opinion, the facts contained in the statement submitted do not render the sale fraudulent in law. The transaction will admit of an honest interpretation; and in that class of cases the question *419is one of fact to be submitted to the jury, or to the court, if the trial is by the court without a jury.
Hothing is said in the statement of facts, as to the intention of Wise. The fact that he afterwards fraudulently concealed and appropriated some of the notes to his own use, may be pertinent evidence to submit to the jury, to prove his original fraudulent intention,…
2Cases cited2 opinions
- Edgell v. . HartNew York Court of Appeals · 1853
- Matthews v. . RiceNew York Court of Appeals · 1865