Kerker v. . Levy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November!, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November!, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. This action was brought by plaintiff as a judgment creditor to set aside as fraudulent and void certain transfers made by defendant Charles S. Levy to the defendant Bertha Levy a few days prior to their marriage, and less than a month prior to the docketing of plaintiff’s judgment.
1Per curiam
While we hold that the rule stated in Smith v. Reid (134 N. Y. 568) that a voluntary conveyance by one indebted at the time is presumptively fraudulent as against existing creditors is the law of this state, rather than the rule laid down in Kain v. Larkin (131 N. Y. 300), still we are of opinion that the evidence in the case presented questions of fact, the determination of which by the trial court it was within the power of the Appellate Division to review and reverse. Therefore, as the order of reversal recites that it was made on the' facts as well as on the law the plaintiff’s appeal…
2Cases cited2 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Kain v. . LarkinNew York Court of Appeals · 1892
3Cited by34 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
- Feist v. DruckermanCourt of Appeals for the Second Circuit · 1934
- Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
- Hassett v. Far West Federal Savings & Loan Ass'n (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1984
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