Talcott v. . Harder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 1, 1888, which affirmed a judgment in favor of the defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 1, 1888, which affirmed a judgment in favor of the defendant entered upon the report of a referee. This action was brought to vacate, as fraudulent, a conveyance of real estate made by defendant, Horton Harder, who, it was conceded, was at the time insolvent, to defendant Nicholas W. Harder, and a conveyance of the same property from ¡Nicholas W. Harder to Mary Gr. Harder, wife of the insolvent. The facts, so far as material, are stated in the opinion. The referee…
1Opinion of the CourtPeckham, J.
The referee found that Hicholas W. Harder was a purchaser from Horton Harder (the judgment debtor and the original owner), for a valuable consideration and that there was no proof charging him with any knowledge of an intent on the part of Horton Harder to defraud his creditors, if such intent existed. The referee also found that Mary G. Harder was a purchaser from Hicholas W. Harder for a valuable consideration without notice of any alleged design of Horton Harder to defraud.
These findings are supported by the evidence and there is no admission in any of the answers at war with them, and the…
2Cited by1 opinion
- Lassiter v. HoesThe Superior Court of the City of New York and Buffalo · 1895