Geroso v. DeMaio
New Jersey Court of Chancery
Bill to set aside conveyance of real estate. Heard on bill, an-SAver, replication and proofs. The bill seeks to set aside a conveyance of certain real estate-made by complainants to defendant, February 6th, 1891’. The-bill asserts that on the date named complainant Antonio Geroso was the owner of the property in question and was being pressed by his creditors for the payment of his debts and applied to defendant Alfred DeMaio for help; that complainants were inexperienced in…
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Bill to set aside conveyance of real estate. Heard on bill, an-SAver, replication and proofs. The bill seeks to set aside a conveyance of certain real estate-made by complainants to defendant, February 6th, 1891’. The-bill asserts that on the date named complainant Antonio Geroso was the owner of the property in question and was being pressed by his creditors for the payment of his debts and applied to defendant Alfred DeMaio for help; that complainants were inexperienced in business and unable to speak the English language-with fluency, and that defendant Alfred DeMaio was a person of…
1Opinion of the Court
Leameng, Y. C.
The testimony of the several witnesses cannot be reconciled. Complainants testify that the conveyance which they now seek to avoid was made without consideration, and though made at a time of financial embarrassment, was, in fact, made in reliance upon the promise of defendants to “fix up” the claims of creditors, and not with an intent to defraud creditors. While defendants’ answer admits that complainant Antonio Geroso applied to defendants at the time the conveyance was made for advice and help touching the claims of creditors, defendants testify that they purchased the…
2Cited by3 opinions
- Brower v. BrowerNew Jersey Court of Chancery · 1925
- De Matteo v. FlaniganNew Jersey Court of Chancery · 1943
- Locatti v. AdornettoNew Jersey Court of Chancery · 1944