Cole v. . Malcolm
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department affirming an order denying a motion on the part of defendant Malcolm to compel an assignment to him, by Hiram K. Miller, plaintiffs assignee, of certain judgments herein. The facts are sufficiently stated in the opinion. The conveyance from Crawford to his wife, while fraudulent as to creditors, was perfectly good inter partes.
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Appeal from order of the General Term of the Supreme Court in the second judicial department affirming an order denying a motion on the part of defendant Malcolm to compel an assignment to him, by Hiram K. Miller, plaintiffs assignee, of certain judgments herein. The facts are sufficiently stated in the opinion. The conveyance from Crawford to his wife, while fraudulent as to creditors, was perfectly good inter partes. (Jackson v. Guernsey, 16 J. R., 189; Osborn v. Moser, id., 187; Hall v. Stryker, 9 Abb. Pr., 342; 29 Barb., 105 ; Bump on Fraudulent Conveyances, 442, 450, 451, notes 571, et…
1Opinion of the CourtEarl, J.
Prior to December, 1869, John Crawford was indebted to the plaintiff in the sum of $4,000 and upwards, and at the same time he owned certain land in this State. He conveyed the land, through a third party, to his wife, without any consideration, for the purpose of vesting the title thereto in her. In 1870 she died intestate, leaving no children, and the land passed to her heirs, of whom Robert Malcolm, the appellant, was one; and he has since, by purchase, succeeded to the rights of nearly all the others. After her death the plaintiff commenced an action against Crawford, and recovered…
2Cases cited7 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Slade v. Van VechtenNew York Court of Chancery · 1844
- Atlantic Insurance v. Storrow & BoydNew York Court of Chancery · 1835
- Graham v. DickinsonNew York Court of Chancery · 1848
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3Cited by55 opinions
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
- Alberti v. MooreSupreme Court of Oklahoma · 1908
- Pease v. . EganNew York Court of Appeals · 1892
- Sidener v. PaveyIndiana Supreme Court · 1881
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