Stoddard v. Butler
New York Supreme Court
Appeal from chancery. The respondents filed a bill in chancery, before the vice chancellor of the fifth circuit, to set aside as fraudulent an assignment made by Stoddard, one of the appejlants, to Thurber and Townsend, the other appellants in this case. The respondents being creditors of Stoddard, commenced; a suit in January, 1834, for the collection of the demand due to them.
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Appeal from chancery. The respondents filed a bill in chancery, before the vice chancellor of the fifth circuit, to set aside as fraudulent an assignment made by Stoddard, one of the appejlants, to Thurber and Townsend, the other appellants in this case. The respondents being creditors of Stoddard, commenced; a suit in January, 1834, for the collection of the demand due to them. In May they recovered judgment for $727.57, and on the tenth day of the same month issued an execution to the sheriff of Lewis county, where Stoddard resided, which, on the twenty-sixth day of May, was returned by the…
1Opinion of the Court
*515After advisement, the foilwing opinions were delivered :
By Mr. Justice Bronson.
Within the two and a half centuries which have elapsed since the legislature first came to the aid of the courts for the suppression of frauds against creditors, there has never been a time when this transaction could stand the test of a judicial investigation. The badges of fraud attending and following the sale are plain and decisive, and the respondents, who are judgment creditors of Stoddard, are well entitled to the relief which has been granted by the court of chancery.
1. The assignment was made “for and…
2Cases cited2 opinions
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- People ex rel. Hoyt v. Supervisors of KingsCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by6 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Jackson v. KincaidSupreme Court of Oklahoma · 1896
- Osborne v. TullerSupreme Court of Connecticut · 1842
- Butler v. Van WyckNew York Supreme Court · 1841
- Frankhouser v. EllettSupreme Court of Kansas · 1879
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