White v. Benjamin
The Superior Court of the City of New York and Buffalo
Action by Eliza W. White and Caroline White against Edward M. Benjamin and Anna Byron B.enjamin, his wife, and Cyrus V. Kean, assignee for benefit of creditors of Edward M. Benjamin, to set aside as fraudulent (1) the assignment, (2) a judgment in favor of Benjamin’s wife, and (3) certain conveyances to the latter from her husband. Judgment for plaintiffs.
1Opinion of the CourtMcADAM, J.
An owner of property having the jus disponendi may undoubtedly make any disposition of it he chooses, but the rule is subject to the exception that, if he has creditors who are prejudiced by the disposition, they may challenge the propriety of the disposition, and, if it be made to appear that it was made with intent to hinder, delay, or defraud them, and stands in the way of *982the collection of their lawful demands by the ordinary process of law, they may file a bill in equity to remove the obstruction, and this may be done by a decree of the court declaring the disposition, no matter in what…
2Cases cited16 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Hall v. . NaylorNew York Court of Appeals · 1859
- Adams v. . PerryNew York Court of Appeals · 1871
- Manning v. . BeckNew York Court of Appeals · 1891
- Coursey v. . MortonNew York Court of Appeals · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bienenstok v. AmmidownThe Superior Court of the City of New York and Buffalo · 1894
- King v. MunzerThe Superior Court of New York City · 1894
- King v. MunzerThe Superior Court of the City of New York and Buffalo · 1894
- Muller v. Scandinavian & Finlander's Emigrant Co.The Superior Court of New York City · 1895
- Muller v. Scandinavian & Finlanders' Emigrant Co.The Superior Court of the City of New York and Buffalo · 1895
1 more not listed; retrieve them via the Exa API.