Nellis v. Clark
New York Supreme Court
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.
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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…
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