Howe v. Striker
The Superior Court of the City of New York and Buffalo
Action by William F. Howe and A. H. Hummel against Elsworth L. Striker, individually and as trustee under the will of Joseph M. L. Striker, to set aside, as in fraud of creditors, a deed made by defendant individually to himself as trustee under said will.
1Opinion of the CourtMcADAM, J.
The bill was filed by the plaintiffs, as judgment creditors, to declare void a deed of real estate executed by Elsworth L. Striker individually to the said Elsworth L. Striker as trustee under the will of Joseph M. L. Striker, deceased. The grounds assigned for the relief are (1) that the transfer was made without consideration, and to defraud the creditors of the grantor; (2) that the deed has never been recorded.
The difficulty in proving an effectual delivery in such a case is obviated here by an allegation of the complaint alleging the execution and delivery of the deed, so that it must be…
2Cases cited9 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Collins v. . HydornNew York Court of Appeals · 1892
- Landon v. . TownshendNew York Court of Appeals · 1889
- Bockes v. . LansingNew York Court of Appeals · 1878
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