Niver v. Best
New York Supreme Court
This was an action brought to recover on a promissory note of which the following is a copy: “ $1600. On demand, for value received, I promise to pay John A. Dedrick or bearer, at my house, sixteen hundred dollars with interest. Kinderhook, April 14,1846. Witness, Milton H. Dedrick. his John M Dedrick.” mark.
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This was an action brought to recover on a promissory note of which the following is a copy: “ $1600. On demand, for value received, I promise to pay John A. Dedrick or bearer, at my house, sixteen hundred dollars with interest. Kinderhook, April 14,1846. Witness, Milton H. Dedrick. his John M Dedrick.” mark. The note was transferred by the payee to the plaintiff in July, 1848. It was made under the following circumstances : About a year previous, John A. Dedrick being involved in debt, and fearing that some property he owned, called the mill property, might be sold, executed and delivered to…
1Opinion of the Court
By the Court, Parker, J.
Since the decisions of the su- - preme court and the late court for the correction of errors, in Nellis v. Clark, (20 Wend. 24; 4 Hill, 424,) it has been regarded as established law iri this state, that when property is s<?ld for the purpose of defrauding creditors, no action by the payee will lie on a note given to secure the payment of the consideration money. Such contract is illegal and void by statute and at common law. When it is executed, it is binding upon the parties, though void as to creditors; and no action lies by one party against the other to recover…
2Cases cited8 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Nellis v. ClarkNew York Supreme Court · 1838
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Crawford v. MorrellNew York Supreme Court · 1811
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3Cited by8 opinions
- Hill v. . HooleNew York Court of Appeals · 1889
- Atwood v. LesterSupreme Court of Rhode Island · 1898
- Riedle v. MulhausenAppellate Court of Illinois · 1886
- Sweet v. TinslarNew York Supreme Court · 1867
- Sash v. M'MahonMissouri Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.