People v. Underwood
New York Supreme Court
Error from the Montgomery general sessions. The defendant was indicted under § 26 of the ‘ act to abolish imprisonment for debt, and to punish fraudulent debtors,’ Session Laws of 1831, p. 402, and charged with having assigned or disposed of certain of his property with intent to defraud his creditors.
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Error from the Montgomery general sessions. The defendant was indicted under § 26 of the ‘ act to abolish imprisonment for debt, and to punish fraudulent debtors,’ Session Laws of 1831, p. 402, and charged with having assigned or disposed of certain of his property with intent to defraud his creditors. On the trial of the indictment, it was proved that a creditor of the defendant sued out a warrant under § 3 and 4 of the above act, on which the defendant was arrested and brought before the officer issuing the process, and when there denied the charge which had been made against him of having…
1Opinion of the Court
By the Court, Bronson, J.
It is said that the defendant should not have been convicted, because there was no judgment creditor who could be defrauded by his acts. The 26th § of the statute, under which the defendant was indicted, declares, that “ any person who shall remove any of his property out of any county, with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign, convey, or otherwise dispose of any of his property with intent to defraud any creditor, or to prevent such property being made liable for the payment of his debts, and any person who…
2Cases cited1 opinion
- Wiggins v. ArmstrongNew York Court of Chancery · 1816
3Cited by6 opinions
- Seymour v. WilsonNew York Supreme Court · 1853
- Goodwin v. SharkeyNew York Court of Common Pleas · 1868
- Keiley v. DusenburyThe Superior Court of New York City · 1877
- Loomis v. PeopleNew York Supreme Court · 1880
- People ex rel. Keiley v. SpierNew York Supreme Court · 1877
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