Bank of Commerce v. Windmuller
Court of Appeals of Kentucky
Case 46 — ATTACKING CONVEYANCE AS FRAUDULENT— APPEAL FROM CARTER CIRCUIT COURT. 1. When the bill of sale was made and delivered, its officers did not know nor had they reason to believe or even suspect that ■Brown was insolvent. 2. The biil ■of sale was made and accepted to secure a “liability contracted simultaneously therewith.” 3. As plead and not denied, the written transfers were made, executed, delivered and .accepted in the State of New York, of which State Brown was…
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Case 46 — ATTACKING CONVEYANCE AS FRAUDULENT— APPEAL FROM CARTER CIRCUIT COURT. 1. When the bill of sale was made and delivered, its officers did not know nor had they reason to believe or even suspect that ■Brown was insolvent. 2. The biil ■of sale was made and accepted to secure a “liability contracted simultaneously therewith.” 3. As plead and not denied, the written transfers were made, executed, delivered and .accepted in the State of New York, of which State Brown was a resident and the appellant and the ap.pellees Windmuller, National Park Bank, Mechanics and Traders Bank were…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
For several years after 1881, Andrew Brown was a dealer in lumber in Buffalo, N. Y., and, through agents, was engaged in removing the timber from a tract of land owned by him in Carter county, Ky. The timber upon that tract having been exhausted, he purchased, in 1885, the timber upon another tract belonging to appellee Gregory and Mrs. Clara E. Smith, and removed his machinery to that tract of land. His business in this State was transacted entirely through agents. In the spring and summer of 1889 be had drawn a number of drafts for sales *402of.…
2Cases cited2 opinions
- Honore v. HutchingsCourt of Appeals of Kentucky · 1871
- Matthews v. LloydCourt of Appeals of Kentucky · 1890
3Cited by4 opinions
- Brakebill v. South Knoxville Contracting & Construction Co.Court of Appeals of Tennessee · 1931
- Bryant's Trustee in Bankruptcy v. StephensCourt of Appeals of Kentucky (pre-1976) · 1934
- Louisville Grinding & MacHine Co. v. Southern Oil & Tar Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Fawcett's Assignee v. Mitchell, Finch & Co.Court of Appeals of Kentucky · 1909