Brown v. Austen
New York Supreme Court
Motion by defendants to dismiss complaint.
1Opinion of the Court
Sutherland, Justice.
When the deeds to his three daughters were executed and delivered to Mr. Nicoll, Mr. Austen was perfectly solvent, and could make a settlement of the property in question on them, without doing injustice to any creditor then existing.
As between the parties, natural affection was a sufficient consideration to support the deeds.
There is nothing in the case to show that by the trans*395action Mr. Austen intended to defraud any creditor then existing or subsequent.
The question as to the operation of the deeds (independent of the question as to the delivery) whether by them the…
2Cases cited10 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Church v. GilmanNew York Supreme Court · 1836
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Branyon v. SmithSupreme Court of South Carolina · 1930
- Ex Parte DarbySupreme Court of South Carolina · 1930