Legal Opinion
Gut v. Craighead
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 1900Published
Appeal from special term, New York county. Action by Fred E. Guy against Horace Craighead and wife to-set aside a deed as fraudulent as to creditors. Judgment for defendants. Plaintiff appeals. Affirmed.
1Opinion of the CourtIngraham, J.
A former trial of this action resulted in a judgment for the defendants, which, upon appeal to this court, was re*989versed. 21 App. Div. 460, 47 N. Y. Supp. 576. The rule which should control in the disposition of this case was then stated as follows:
“The conveyance in the case now before us was made by a husband to his wife, and was admittedly without consideration. Such a conveyance cannot be condemned without satisfactory proof of the fraudulent intent referred to in the statute. The rule is aptly expressed in the case of Kain v. Larkin, 131 N. Y. 307, 30 N. E. 100, as follows, viz.: ‘An…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1892
- Guy v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1897
- Garoni v. Compagnie Nationale De Navigation of MarseillesNew York Court of Appeals · 1892