Durell v. Haley
New York Court of Chancery
The parties to this suit all reside in the city of New York. On the 7th of August, 1826, the defendant Haley finding himself insolvent, gave to Turner a judgment bond to secure a real or pretended debt of $3,000, on which a judgment was immediately entered and an execution issued to the sheriff of New York. Turner took possession of Haley’s store and the goods on hand.
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The parties to this suit all reside in the city of New York. On the 7th of August, 1826, the defendant Haley finding himself insolvent, gave to Turner a judgment bond to secure a real or pretended debt of $3,000, on which a judgment was immediately entered and an execution issued to the sheriff of New York. Turner took possession of Haley’s store and the goods on hand. On the 8th and 9th of August, Haley purchased other goods of the complainants and took them to his store; upon which the sheriff then levied the execution in favor of Turner, who purchased in the goods for himself at a sale…
1Opinion of the Court
The Chancellor :—This is a clear and palpable case of fraud. It is not very material to inquire whether the judgment bond was given for a real debt or one which was entirely fictitious. If the cause turned on that question I should be inclined to believe the whole transaction was fraudulent from the beginning. But the purchase of the goods was a gross fraud, so that the title to them was not changed. Haley knew he was insolvent and unable to pay for these goods, and unquestionably purchased them with a view to subject them to the execution which had been previously issued; and to induce the…
2Cases cited3 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Van Cleef v. FleetNew York Supreme Court · 1818
3Cited by19 opinions
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Sargent v. SturmCalifornia Supreme Court · 1863
- Keen v. Executors of JamesSupreme Court of New Jersey · 1885
- Johnson v. MonellNew York Court of Appeals · 1866
- Chaffee v. FortNew York Supreme Court · 1870
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