Legal Opinion

Nellis v. Clark

New York Supreme Court

Decided July 15, 1838PublishedCited by 79 opinions

This was an action of assumpsit, tried at the Oneida circuit in April, 1846, before the Hon. Hiram Denio, then one of the circuit judges. The plaintiff claimed to recover the amount of a promissory note for $300, made by the defendant, bearing date 13th October, 1828, payable to William T. Curtiss or bearer, four years after date.

Read the full summary

This was an action of assumpsit, tried at the Oneida circuit in April, 1846, before the Hon. Hiram Denio, then one of the circuit judges. The plaintiff claimed to recover the amount of a promissory note for $300, made by the defendant, bearing date 13th October, 1828, payable to William T. Curtiss or bearer, four years after date. On the part of the defendant it was shown that on the 12th March, 1828, John Buttolph conveyed to the defendant, by deed with warranty, 56 acres of land, in consideration of the sum of $1,200 : of which $500 were paid down, and the residue secured by a bond and…

1Opinion of the Court

By the court, Co wen, J.

The question is whether a promise to pay for property purchased with the intention to defraud creditors can be enforced.

I lay out of view the failure of consideration, because I agree that such a purchaser would never be protected on his own account. He would be esteemed guilty of a crime against social policy, and though he had paid the most ample consideration, he could not recover it back. Jackson, ex dem. Malin v. Garnsey, 16 Johns. R. 189, 192. Bolt v. Rogers, 3 Paige, 154. Perkins v. Savage, 15 Wendell, 412. In Surlótt v. Beddow, 3 Monroe, 109, it was expressly…

2Cases cited10 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. Bartle v. NuttSupreme Court of the United States · 1830
  3. Frost v. RaymondNew York Supreme Court · 1804
  4. Perkins v. SavageNew York Supreme Court · 1836
  5. Bolt v. RogersNew York Court of Chancery · 1831

5 more not listed; retrieve them via the Exa API.

3Cited by79 opinions

  1. Eberhard v. MarcuCourt of Appeals for the Second Circuit · 2008
  2. Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
  3. Meech v. . StonerNew York Court of Appeals · 1859
  4. Bloomer v. HendersonMichigan Supreme Court · 1860
  5. Clemens v. ClemensWisconsin Supreme Court · 1871

74 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API