Legal Opinion

Fritz v. Worden

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1897PublishedCited by 6 opinions

Appeal by the defendants, George P. Worden and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 29th day of July, 1896, upon the report of a referee, which judgment set aside a conveyance of real estate in favor of the plaintiff as a creditor of the defendants.

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Appeal by the defendants, George P. Worden and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 29th day of July, 1896, upon the report of a referee, which judgment set aside a conveyance of real estate in favor of the plaintiff as a creditor of the defendants. The defendant George P. Worden was a soldier of the United States in the war of the rebellion, and received on account of total disability a large pension. In 1887 he purchased a house and lot in Hornellsville, R. Y., with pension money, taking…

1Opinion of the Court

Ward, J. :

An examination of the evidence in. this case clearly shows that the conveyance from the defendant Lucy M. Worden to her husband, George P. Worden, of the premises described in the complaint was executed with the intent of the parties to the instrument to prevent the collection of the plaintiff’s debt, and the finding of the referee upon that subject seems fully sustained. The learned counsel for the appellants seems to regard the house and lot that was purchased with the pension money as still exempt from execution as the property of George P. Worden, by virtue of the oral agreement…

2Cases cited1 opinion

  1. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890

3Cited by6 opinions

  1. Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
  2. Hegstad v. WysieckiAppellate Division of the Supreme Court of the State of New York · 1917
  3. Bryant v. KlattDistrict Court, S.D. New York · 1924
  4. McMahon v. CookAppellate Division of the Supreme Court of the State of New York · 1905
  5. Multz v. PriceAppellate Division of the Supreme Court of the State of New York · 1904

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