Lent v. . Shear
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 19, 1897, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 19, 1897, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The conveyance from Henry D. Shear to his wife was founded upon a legal and sufficient consideration, was a Iona fide transfer of the legal title to the premises in suit, and cannot be set aside. The finding of the referee that it was made with intent to defraud is wholly unsupported by the facts in…
1Opinion of the CourtVann, J.
This is a creditor’s action brought by a receiver in supplementary proceedings to set aside a conveyance from the judgment debtor to his wife upon the allegation that it is fraudulent as against creditors.
The debt represented by the plaintiff was contracted in 1891, suit was brought for the recovery thereof in February, 1894, and fourteen days later the transfer in question was made which recited no consideration except one dollar. Upon the trial it appeared that the judgment debtor, Henry D. Shear, was married to the defendant Sarah H. Shear in 1861,' and that on the first of March, 1866, he…
2Cases cited11 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Kain v. . LarkinNew York Court of Appeals · 1892
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
- Coyne v. . WeaverNew York Court of Appeals · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. SalkoNew York Court of Appeals · 1979
- Wangner v. . GrimmNew York Court of Appeals · 1902
- In Re WeissmanCourt of Appeals for the Second Circuit · 1927
- Wadleigh v. WadleighAppellate Division of the Supreme Court of the State of New York · 1906
- Vollkommer v. . CodyNew York Court of Appeals · 1904
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