Hulse v. Bacon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Esther A. Hnlse and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Suffolk on the 16th day of January, 1899, upon the decision of the court, rendered after a trial at the Suffolk Trial Term before the court without a jury, dismissing the plaintiffs’ complaint upon the merits. The facts are stated in the opinion of Johnson, J.
1Opinion of the Court
Hatch, J.:
The evidence in this case warranted the court in finding that the conveyance from Bacon to Overton, and by the latter to Hannah S. Bacon, was not for the purpose of hindering, delaying or defrauding creditors — the conceded facts in respect to this matter being that Bacon, while financially embarrassed, was still able to pay his debts, and did in fact pay them. The lien was upon the vessel he was engaged in constructing, and the attachments were levied upon the same property. No judgments were ever obtained against him, and as he was able to pay and discharge his debts, and was the…
2Cases cited8 opinions
- White v. . WagerNew York Court of Appeals · 1862
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Winans v. . PeeblesNew York Court of Appeals · 1865
- Suau v. . CaffeNew York Court of Appeals · 1890
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3Cited by3 opinions
- In re the Judicial Settlement of the Account of SchummersAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Last Will & Testament of FitzgeraldNew York Surrogate's Court · 1900
- In re the Estate of SchumacherNew York Surrogate's Court · 1957