Stevens & Munn v. Fisher & Whitmore
New York Supreme Court
This was an action of trover, tried at the Tioga circuit in November, 1835, before the Hon. Robert Monell, one of the circuit judges. The defendants, by virtue" of an execution against Ichab0(j "Westj jssue¿ on a judgment in their favor obtained in January, 1834, sold a mare, a colt and a waggon, for the doing of which this action was brought.
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This was an action of trover, tried at the Tioga circuit in November, 1835, before the Hon. Robert Monell, one of the circuit judges. The defendants, by virtue" of an execution against Ichab0(j "Westj jssue¿ on a judgment in their favor obtained in January, 1834, sold a mare, a colt and a waggon, for the doing of which this action was brought. The plaintiffs, to show title to the property, produced a bill of sale, bearing date 19th October, 1830, executed to them by West, whereby, for the consideration of $72,10, West transferred to them, absolutely, one horse, one mare, a two-horse waggon…
1Opinion of the Court
By the Court,
Cowen, J.
It makes no difference that the debt to the defendants was contracted after the first bill of sale. The keeping of such a transaction on foot has a direct tendency to defraud the vendor’s subsequent creditors, for they give him credit on account of the very goods which are left in his possession. The statute declares such a transfer, without change of possession, conclusively void *184a§a*nst creditors, present or subsequent, unless it be explained and shown to be bona fide. 2 R. S. 70, § 5, 6. The evidence to explain in this case rather went to strengthen the charge of…
2Cases cited1 opinion
- People ex rel. Hoyt v. Supervisors of KingsCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by2 opinions
- Carr v. JohnsonNew York Supreme Court · 1891
- Shaw v. ThompsonSupreme Court of New Hampshire · 1861