Lafayette Lumber Co. v. Selvester

Order affirmed, without costs. While it is not necessary that a creditor obtain a judgment against his debtor and have an execution returned unsatisfied before he can proceed to have a fraudulent conveyance by the debtor set aside under the provisions of sections 270-281 of the Debtor and Creditor Law, which were added by chapter 254 of the Laws of 1925 (American Surety Co. v. Conner, 225 App. Div. 137), there is no allegation in the complaint that by the conveyances defendant Selvester has so stripped himself of his property as to be unable to pay his obligations to the plaintiffs. To the…