Legal Opinion

Caldwell v. Caldwell

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

Decided April 19, 1940PublishedCited by 5 opinions

1Opinion of the Court

In an action brought by plaintiff-wife, as receiver in sequestration proceedings, to set aside as fraudulent the transfers of certain funds by defendant-husband to his daughter, judgment dismissing the complaint affirmed, without costs. If the gifts had rendered the donor insolvent, or if they had been made with actual intent to defraud plaintiff as a present or future creditor, plaintiff might have successfully maintained the action. (Debtor and Creditor Law, §§ 273, 276.) But the trial court has found the facts to the contrary, and we cannot say on the present record that the findings are…

2Cases cited1 opinion

  1. Newman v. DoreNew York Court of Appeals · 1937

3Cited by5 opinions

  1. Nelson v. NelsonOregon Supreme Court · 1960
  2. Tuitt v. TuittNew York Supreme Court · 1962
  3. Marquis v. MarquisNew York Supreme Court · 1942
  4. In re the Estate of WroneNew York Surrogate's Court · 1941
  5. Didero v. DideroAppellate Division of the Supreme Court of the State of New York · 1960

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