Wilder v. Fondey
New York Supreme Court
Drain’, for the penalty of ⅞ 12,00(), upon the 4th section 0f |¡,(. statute, for the prevention of frauds, (sess, 10, ch. 44, 1 R. L. 76,) tried at the Albany circuit, in September, '«O-*»* m*. Tlio.
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Drain’, for the penalty of ⅞ 12,00(), upon the 4th section 0f |¡,(. statute, for the prevention of frauds, (sess, 10, ch. 44, 1 R. L. 76,) tried at the Albany circuit, in September, '«O-*»* m*. Tlio. The first count then charged that this last judgmten was devised, Arc. between the parties, of Iraud, &c. to delay, hinder and defraud the plaintiffs of their action, demand and damages, &e. ; and that the defendants, on the ‘Id ol January, 1.824, &e. put' in use the judgment, as true and simple, &c. The second count was the same, in substance, with the addition, that the defendants, on (lie I si…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
It is contended that the judge erred in stating to the jury, that the defendants could commit a fraud upon the creditors of S. Fondey, although their judgment was legal ; and that the statute is applicable to those bonds, judgments, &c. only, which were fraudulent in their original concoction.
I cannot find any adjudged case in this court, where the subject in question has been considered or decided. The *287English statute of 13 Eliz. ch. 5, is substantially like ours. That act was passed for the avoiding of feigned, covinous, and fraudulent feoffments, gifts,…
2Cited by7 opinions
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Commercial Bank of Rochester v. BoltonNew York Supreme Court · 1895
- Carey v. GilesSupreme Court of Georgia · 1851
- Glenn v. MalonySupreme Court of Iowa · 1856
- Rochester v. SullivanArizona Supreme Court · 1886
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