Loeschigk v. Hatfield
The Superior Court of New York City
Appeal from a judgment of dismissal. The plaintiffs, judgment creditors of Addison Brothers, (composed of Joseph and Samuel D. Addison,) brought this action to set aside certain conveyances and transfers of property, made by Samuel D. Addison, as being fraudulent and void as to creditors.
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Appeal from a judgment of dismissal. The plaintiffs, judgment creditors of Addison Brothers, (composed of Joseph and Samuel D. Addison,) brought this action to set aside certain conveyances and transfers of property, made by Samuel D. Addison, as being fraudulent and void as to creditors. The complaint alleged the recovery of two judgments against Samuel D. Addison, as survivor of Addison Brothers, in June and July, 1861, upon an indebtedness accruing prior to July, 1860. That the credit was obtained upon the representation 'of said Addison, that the firm had a capital of $45,000, and a…
1Opinion of the CourtMonell, J.
The conveyances to Rachel A. Addison, although voluntary, having been made prior to the debts »contracted to the plaintiffs, were valid as to them.
Whatever may be the effect of a voluntary conveyance, as regards creditors existing at the time the conveyance was made, it is not void as to subsequent creditors, unless made with an actual fraudulent intent. The want of consideration is not of'itself sufficient evidence of such fraudulent intent. The burden of proving actual fraud always rests with the creditor. In this case, no. evidence of such actual fraud was offered or given, unless it is.…
2Cases cited6 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Geortner v. Trustees of the Village of CanajoharieNew York Supreme Court · 1847
- Kemp v. CarnleyThe Superior Court of New York City · 1853
- Pinckney v. WallaceNew York Court of Common Pleas · 1854
1 more not listed; retrieve them via the Exa API.