Howard v. Stoddart
New York Supreme Court
Appeal from judgment entered on report of referee dismissing the complaint on the merits. The defendant, Thomas Stoddart, is a judgment debtor of Oliver H. P. Champlin and Amelia T. Champlin, and in proceedings supplementary to the execution founded upon the judgment, the plaintiff was appointed receiver of the property of such defendant, and has brought this action to reach and have applied upon the judgment the alleged interest of that defendant in the property of the firm…
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Appeal from judgment entered on report of referee dismissing the complaint on the merits. The defendant, Thomas Stoddart, is a judgment debtor of Oliver H. P. Champlin and Amelia T. Champlin, and in proceedings supplementary to the execution founded upon the judgment, the plaintiff was appointed receiver of the property of such defendant, and has brought this action to reach and have applied upon the judgment the alleged interest of that defendant in the property of the firm of Stoddart Brothers, of which it is charged he is, as to his creditors, a member. It appears that in 1877, the…
1Opinion of the CourtBradley, J.
The question at the trial upon the evidence was whether or not the sale of December 29, 1880, by Thomas Stoddart of his interest in the partnership property of the firm of Stoddart Brothers, to the defendant, Charles Stoddart, was made in good faith and without any intent to defraud his creditors. When a sale is not accompanied by an immediate delivery and followed by an actual and continued change of possession of the things sold, the presumption arises that it is fraudulent and void as against the creditors of the vendor and is conclusive evidence of fraud unless it shall be made to appear…
2Cases cited6 opinions
- Delonguemare v. Tradesmen's InsuranceThe Superior Court of New York City · 1829
- Mitchell v. . WestNew York Court of Appeals · 1873
- Archer v. HubbellNew York Supreme Court · 1830
- Nugent v. . JacobsNew York Court of Appeals · 1886
- Sickles v. . FlanaganNew York Court of Appeals · 1879
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