American Exchange Bank v. Webb
New York Supreme Court
Bill filed to set aside an assignment made by defendant George Webb. The principal grounds relied on to set aside this assignment as fraudulent and void, as to the plaintiffs, -judgment creditors of Webb, ar.e two. First: that the debts of $10,000 and $7,500, preferred and directed by it to be paid to Mrs. Webb, the wife of the assignor, are fictitious, and have no existence in fact.
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Bill filed to set aside an assignment made by defendant George Webb. The principal grounds relied on to set aside this assignment as fraudulent and void, as to the plaintiffs, -judgment creditors of Webb, ar.e two. First: that the debts of $10,000 and $7,500, preferred and directed by it to be paid to Mrs. Webb, the wife of the assignor, are fictitious, and have no existence in fact. Second: that the assignor absconded immediately on the execution of his assignment, taking with him a portion of his estate, and that such acts render the assignment fraudulent and void.
1Opinion of the Court
Davies, Justice.
As to the second objection to this assignment, I find that the whole ground covered by it, is disposed of by the decision of this court, in Wilson agt. Forsyth, (24 Barb. 105.) The points ruled in that case are: to render an assignment void when not void on its face, as a matter of law, the fact of a fraudulent intent in making it, must be proved and found from evidence that will fairly support the finding.
That it is erroneous to charge the jury, that if the assignor on absconding after executing the assignment, carried off a sum of money with him, the assignment is void, (the…
2Cases cited6 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Storrs v. BarkerNew York Court of Chancery · 1822
- Town v. NeedhamNew York Court of Chancery · 1831
- Wilson v. ForsythNew York Supreme Court · 1857
- Dougrey v. Topping & HolmeNew York Court of Chancery · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Ellis v. MyersNew York Supreme Court · 1889
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871
- Miller v. HalseyNew York Supreme Court · 1868