Legal Opinion

Multz v. Price

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1903Published

Appeal from Special Term, New York County. Action by Solomon Multz against Lena Price and Moses Price to set aside an alleged fraudulent conveyance. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtLaughlin, J.

This is a judgment creditors’ action to set aside a conveyance by a wife to her husband, alleged to have been made in fraud of creditors. The defendants were both examined in proceedings supplementary to execution issued against the wife. Upon the trial of this action the examination of the wife was received in evidence generally, over the objection and under the exception in behalf of the husband that as to him the evidence given by his wife was hearsay, and that her statements and declarations long after the conveyance could not affect his title. This evidence was properly admissible as…

2Cases cited5 opinions

  1. Kain v. . LarkinNew York Court of Appeals · 1892
  2. Lent v. . ShearNew York Court of Appeals · 1899
  3. Kalish v. HigginsAppellate Division of the Supreme Court of the State of New York · 1902
  4. Lewis v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1903
  5. Lewis v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1903

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