Nugent v. . Jacobs
New York Court of Appeals
Appeal by defendant Jacobs, from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon-an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in .the opinion.
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Appeal by defendant Jacobs, from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon-an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in .the opinion. As there was an absolute bona fide sale for a full consideration paid, it being to secure a debt of Jacobs, the deed cannot be pronounced fraudulent under the facts proved. (Bump on Fraud. Oonv. [2d ed.] 182, 184, 186; Wilder v. Winne, 6 Cow. 284;…
1Opinion of the Court
Ruger, Ch. J.
This action was brought to vacate and annul, a conveyance of land made by defendant Grace, to the defendant Jacobs, upon the ground that it was executed and delivered for the purpose of hindering, delaying and defrauding creditors, and particularly the plaintiff in the collection of a debt, owing to him by Grace. The findings of the court below, show that Jacobs paid Grace the full value of .the land upon the transfer, but it is claimed by the respondent and was found by the court that the conveyance was nevertheless made and received with the intent to hinder, delay and defraud…
2Cases cited1 opinion
- Billings v. . RussellNew York Court of Appeals · 1886
3Cited by7 opinions
- Durfee v. BumpNew York Supreme Court · 1889
- E. W. Bliss Co. v. Progressive Smelting & Metal Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Sweetser v. SmithNew York Supreme Court · 1889
- Fisher v. StoutAppellate Division of the Supreme Court of the State of New York · 1902
- Howard v. StoddartNew York Supreme Court · 1887
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