Carr v. . Breese
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 18 Hun, 134.) This action was brought by plaintiffs as judgment creditors of defendant William H. Breese, after return of execution unsatisfied, to reach certain real estate, the title to which was in defendant, Ellen Breese, wife of said William H., on the ground that the same was purchased and paid for by her husband, and conveyed to her in fraud of the rights of his creditors. The finding of the…
1Opinion of the CourtMiller, J.
'The finding of the referee, to the effect that the defendant William H. Breese procured the title of the real estate which is the subject of this action, with the intent to procure goods on credit, and for the purpose of securing the property for the benefit of himself and family in event ‘of losses in business, and to prevent his creditors from collecting their demands out of said property, and that therefore the transaction was fraudulent and void, is not, we think, sufficiently sustained by the evidence. From a careful perusal of the evidence, it is quite obvious that the husband had no…
2Cases cited11 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Savage v. . MurphyNew York Court of Appeals · 1866
- Carpenter v. . RoeNew York Court of Appeals · 1851
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3Cited by20 opinions
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- Altman v. FinkelAppellate Division of the Supreme Court of the State of New York · 1945
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