Loeschigk v. Addison
The Superior Court of New York City
Appeal from a judgment at special term dismissing the complaint. This action was brought by certain judgment-creditors of the former firm of Addison Brothers, composed of Joseph and Samuel D. Addison, to set aside certain transfers of property made by Samuel D. Addison, as surviving partner of that firm.
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Appeal from a judgment at special term dismissing the complaint. This action was brought by certain judgment-creditors of the former firm of Addison Brothers, composed of Joseph and Samuel D. Addison, to set aside certain transfers of property made by Samuel D. Addison, as surviving partner of that firm. The complaint alleged the recovery of two judgments against Samuel D. Addison, as survivor of Addison Brothers, in June and July, 1861, upon an indebtedness accruing prior to July, 1860. That the credit was obtained upon the representation of said Addison that the firm had a capital of…
1Opinion of the CourtMonell, J.
The conveyances of Eachel A. Addison, although voluntary, having been made prior to the debts contracted to the plaintiffs, were valid as to them. V/hatever may be the effect of a voluntary conveyance as regards creditors existing at the time the conveyance was made, it is not void as as to subsequent creditors, unless made with an actual fraudulent intention. The want of consideration is not of itself sufficient evidence of such fraudulent intent: the burthen of proving actual fraud always rests with the creditor.
In this case no -evidence of such actual fraud was offered or given, unless it…
2Cases cited7 opinions
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
- Egberts v. WoodNew York Court of Chancery · 1831
- Bate v. . GrahamNew York Court of Appeals · 1854
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Geortner v. Trustees of the Village of CanajoharieNew York Supreme Court · 1847
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