Legal Opinion

Tripp v. Childs

New York Supreme Court

Decided September 6, 1852PublishedCited by 12 opinions

In Egiuity. This was a creditor’s bill, filed in December, 1846, upon a judgment in the supreme court, in favor of the plaintiff, against Augustus B. Childs and Ebenezer Childs, for $102,82, docketed January 1st, 1846. The case was heard on pleadings and proofs. The facts sufficiently appear in the opinion of the court.

1Opinion of the Court

By the Court, Johnson, J.

The only question, of any considerable moment, in this case, is whether the two agreements dated respectively on the 10th September, 1839, and the 3d of September, 1841, between Ebenezer Childs and his son Lysander D. Childs, were entered into for the purpose of protecting the future earnings of the former in the practice of his profession, from his creditors. If they were made for that purpose, they are fraudulent and void, and his earnings now in his possession and under his control, nominally as the agent of his son, must be applied in satisfaction of his debts.…

2Cited by12 opinions

  1. Cooper v. HamIndiana Supreme Court · 1875
  2. Miller v. PeckWest Virginia Supreme Court · 1881
  3. Mali v. SpencerIllinois Supreme Court · 1900
  4. In re HorganDistrict Court, S.D. New York · 1899
  5. Kendall v. BeaudryWisconsin Supreme Court · 1900

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