Reed v. Emery
New York Court of Chancery
■ This was an application on the part of the defendant, Dodge, for a dissolution of the injunction, which had been issued upon a creditor’s bill, restraining him from parting with or using the property of the judgment debtor, which he claimed as assignee for the benefit of the creditors of Emery. A cross application was also made on the part of the complainants for the appointment of a receiver.
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■ This was an application on the part of the defendant, Dodge, for a dissolution of the injunction, which had been issued upon a creditor’s bill, restraining him from parting with or using the property of the judgment debtor, which he claimed as assignee for the benefit of the creditors of Emery. A cross application was also made on the part of the complainants for the appointment of a receiver. It appeared from the answer that Emery the judgment debtor being in failing circumstances, made an assignment of bis property amounting to several thousand dollars to the defendant Dodge, who was…
1Opinion of the Court
The Chancellor.
Without adverting to the other circumstances of fraud, stated in the bill and not denied by the answer, I think the assignment of the property to an assignee who was known to be insolvent, is at least prima facie evidence of an intent to defraud the creditors of the assignor, notwithstanding the general denial of fraud in the answer. It is not conclusive ; and therefore a replication to the answer must be filed to enable the assignee to prove that circumstances existed to rebut the presumption of fraud, in assigning the property to an individual who was known to be…
2Cited by7 opinions
- Browning v. HartNew York Supreme Court · 1849
- Connah v. SedgwickNew York Supreme Court · 1847
- White v. DavisNew Jersey Court of Chancery · 1891
- Browning v. HartNew York Supreme Court · 1849
- Currie v. HartNew York Court of Chancery · 1845
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