Ford v. . Harrington
New York Court of Appeals
Appeal from the Supreme Court. This action was brought by the plaintiff, as the only daughter and heir-at-law of James Conway, deceased, to compel the defendant to convey to her fifty acres of land in Cattaraugus county. The trial was before a referee, who found, and reported as facts, that on the 27th April, 1852, Conway, the plaintiff’s father, was indebted to one Allen in the sum of $60, which was then due.
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Appeal from the Supreme Court. This action was brought by the plaintiff, as the only daughter and heir-at-law of James Conway, deceased, to compel the defendant to convey to her fifty acres of land in Cattaraugus county. The trial was before a referee, who found, and reported as facts, that on the 27th April, 1852, Conway, the plaintiff’s father, was indebted to one Allen in the sum of $60, which was then due. Conway was in the possession of fifty acres under a contract for the conveyance thereof to him upon the payment of $36, and the land was worth $400. The defendant was an attorney and…
1Opinion of the Court
If we uphold this judgment, we must decide that the maker of an assignment, in fraud of his creditors, may recover back for his own use the transferred property, provided he chooses his attorney as assignee, and executes the instrument under his advice. Such a judgment would, at least, have this consequence, that future fraudulent transfers would generally be made to attorneys, and the salutary rule that the fraudulent grantor cannot undo, for his own benefit, the transfer he has made, would cease to have any practical operation in restraining frauds upon creditors. The case of Osborne…
2Cited by67 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- Eberhard v. MarcuCourt of Appeals for the Second Circuit · 2008
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
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