Savage v. . Murphy
New York Court of Appeals
This action was brought in the Superior Court of the city of New York, by a receiver, appointed in proceedings supplementary to execution, to set -aside conveyances of real estate, and an assignment of a lease of real estate, in said city, made by the defendant, George Murphy, the judgment debtor, to the defendants, Mary Murphy, his wife, Edward Murphy, his son, and Ann Maria Murphy, his daughter, as fraudulent and void, on the ground that they were made by the debtor with…
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This action was brought in the Superior Court of the city of New York, by a receiver, appointed in proceedings supplementary to execution, to set -aside conveyances of real estate, and an assignment of a lease of real estate, in said city, made by the defendant, George Murphy, the judgment debtor, to the defendants, Mary Murphy, his wife, Edward Murphy, his son, and Ann Maria Murphy, his daughter, as fraudulent and void, on the ground that they were made by the debtor with intent to defraud his creditors. The cause was tried by the court, without a jury. The court found the following facts:…
1Opinion of the CourtSmith, J.
The case, upon the facts found, is briefly this: The judgment debtor, being engaged in an extensive business in the city of New York, on credit, in which he was considerably indebted, stripped himself of the title to all his property, by transfer, to his wife and children, for a merely nominal pecuniary consideration, without any visible change of possession, and with the intent to contract and continue a future indebtedness in his business, on the credit of his apparent ownership of the property transferred, and to avoid payment of his debts. After the transfers, he continued in business,…
2Cited by37 opinions
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- First National Bank v. BaylessSupreme Court of Georgia · 1895
- Shand v. . HanleyNew York Court of Appeals · 1877
- Carr v. . BreeseNew York Court of Appeals · 1880
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