Spader v. Davis
New York Court of Chancery
BILL filed 25th of January, 1820, stating that the defendant D. being indebted to the plaintiff S. and others, stopped payment, on the 26th of June, 1819; and being possessed of a large stock in trade, and debts due him, he transferred the same to the defendant II., for fraudulent purposes, and to avoid payment of his debts. That the plaintiffs obtained judgments at law against the defendant D., in January, 1820, and issued writs oi fi. fa. which were returned nulla Iona.
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BILL filed 25th of January, 1820, stating that the defendant D. being indebted to the plaintiff S. and others, stopped payment, on the 26th of June, 1819; and being possessed of a large stock in trade, and debts due him, he transferred the same to the defendant II., for fraudulent purposes, and to avoid payment of his debts. That the plaintiffs obtained judgments at law against the defendant D., in January, 1820, and issued writs oi fi. fa. which were returned nulla Iona. Prayer, for discovery and relief. The answer of the defendant H., filed 24th of March, 1820, admitted the bankruptcy of…
1Opinion of the Court
The Chancellor said,
that the plaintiffs, at the time of filing their.bill, had acquired, as execution creditors at law, a priority of right, valid in equity, to the trust moneys belonging to the defendant D., and in the hands of the defendant H., and that all payments of the same, by H. to D., subsequent to. the filing of the bill, containing notice of that *283right, and of their claim in pursuance of it, were made in his own wrong. The doctrine in the cases of Brinckerhoff v. Brown, and of M‘Dermut v. Strong, (4 Johns. Ch. Rep. 671. 687.) he considered as applying and governing the case.
It was…
2Cases cited1 opinion
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
3Cited by12 opinions
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- Huntington v. JonesSupreme Court of Connecticut · 1899
- Durant v. Supervisors of AlbanyNew York Supreme Court · 1841
- Lewis v. ShainwaldU.S. Circuit Court for the District of California · 1881
- Wintringham v. WintringhamNew York Supreme Court · 1822
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