Legal Opinion
Frank v. . Von Bayer
New York Court of Appeals
Decided November 20, 1923PublishedCited by 14 opinions
1Opinion of the CourtCardozo, J.
The finding of the Appellate Division that the transfer from Von Bayer to his wife was made and accepted in fraud of creditors has evidence to sustain it. The inference is permissible that the purpose of the grantor was to cover 'up the title while retaining the dominion (Galle v. Tode, 148 N. Y. 270, 279, 280). When this purpose was made out, the burden was cast on the grantee to prove that she was a purchaser for value, in which event the plaintiff, we may assume, would have been under the necessity of showing that she had notice of the fraud (Greenwald v. Wales, 174 N. Y. 140, 144;…
2Cases cited13 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Parker v. . ConnerNew York Court of Appeals · 1883
- Davis v. . LeopoldNew York Court of Appeals · 1881
- Murphy v. . BriggsNew York Court of Appeals · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Court of Appeals for the Second Circuit · 1927
- Vinlis Construction Co. v. RoreckNew York Supreme Court · 1971
- Brody v. PecoraroNew York Court of Appeals · 1928
- Cohen v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1936
9 more not listed; retrieve them via the Exa API.