Scofield v. Spaulding
New York Supreme Court
Appeal from special term, Otsego county. •Action by Byron J. Scofield, receiver of William Spaulding, against William Spaulding and Philo B. Spaulding, to set aside a conveyance of a house and lot in Oneonta; also a vacant lot; which conveyance was executed on the 3d day of January, 1885, and recorded on the-day of January, 1885, and recited a consideration of $3,200. The grantee, Philo B. Spaulding, gave, in exchange for the conveyance, a deed of a patent-right for shears…
Read the full summary
Appeal from special term, Otsego county. •Action by Byron J. Scofield, receiver of William Spaulding, against William Spaulding and Philo B. Spaulding, to set aside a conveyance of a house and lot in Oneonta; also a vacant lot; which conveyance was executed on the 3d day of January, 1885, and recorded on the-day of January, 1885, and recited a consideration of $3,200. The grantee, Philo B. Spaulding, gave, in exchange for the conveyance, a deed of a patent-right for shears or pruning hook, for the territory of 31 counties in the state of Pennsylvania. The referee has found that the deed of…
1Opinion of the CourtHardin, P. J.
1. Upon the evidence before the referee the question of whether or not the conveyance in question was made with intent to hinder, delay, and defraud the creditors of William Spaulding was one of fact. Peck v. Crouse, 46 Barb. 151; 3 Rev. St. (7th Ed.) 2329. We think the evidence fully warranted the referee in finding, as a matter of fact, that the conveyance was made with the fraudulent intent on the part of the grantor, and received by the grantee with the like fraudulent intent. Starin v. Kelly, 88 N. Y. 418.
2. We are of the opinion that the admissions or declarations of William were…
2Cases cited5 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Wright v. . NostrandNew York Court of Appeals · 1883
- Starin v. . KellyNew York Court of Appeals · 1882
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Peck v. CrouseNew York Supreme Court · 1864
3Cited by6 opinions
- Fisher v. MonroeNew York Court of Common Pleas · 1893
- Petrie v. WilliamsNew York Supreme Court · 1893
- Carver v. BarkerNew York Supreme Court · 1893
- Evans v. SimsNew York Supreme Court · 1894
- First National Bank v. MoffattNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.