Cramer v. Blood
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 12th day of October, 1858, one John W. Smith recovered a judgment in this court against William A. Lowd, for $304.25 damages and costs, upon a bona fide debt owing by said Lowd to said Smith previous to July 1st, 1857; that an execution upon said judgment, against the property of said defendant, Lowd, was duly issued to the sheriff of the county of Saratoga, and delivered on or…
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APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 12th day of October, 1858, one John W. Smith recovered a judgment in this court against William A. Lowd, for $304.25 damages and costs, upon a bona fide debt owing by said Lowd to said Smith previous to July 1st, 1857; that an execution upon said judgment, against the property of said defendant, Lowd, was duly issued to the sheriff of the county of Saratoga, and delivered on or about October 14th, 1858, which execution was afterwards returned by said sheriff wholly unsatisfied; that such proceedings…
1Opinion of the Court
By the Court, Bosekrans, J.
The facts found by the referee do not sustain his conclusions of law, or the judgment rendered in the action. If the defendant intended to defraud the creditors of Lowd by taking and converting the property of Lowd into cash, such intent was rendered harmless by his delivering the proceeds of the sale to Lowd or his wife, who was his authorized agent; and if he subsequently received a portion of such proceeds, with like intent, from the agent of Lowd, for the use of Lowd and his wife, and to be handed over to them, or for their use as they might want, such intent…
2Cited by12 opinions
- Ginsberg v. CommissionerUnited States Tax Court · 1961
- Murphy v. . BriggsNew York Court of Appeals · 1882
- Vinlis Construction Co. v. RoreckNew York Supreme Court · 1971
- In re CollinsU.S. Circuit Court for the District of Eastern New York · 1875
- Lore v. DierkesThe Superior Court of New York City · 1884
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