Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 8
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Home > Art, Film & Photography > Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 8
Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 8

Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 8


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 Excerpt: ...if a sale of chattels, whether absolute or conditional, be made for the purpose of deceiving creditors and giving a false credit to the vendor, it is fraudulent and void as to them." Under all the circumstances of the case, I am unable to divest my mind of the belief that the whole transaction was tainted with fraud towards the creditors of Green; and even viewing the matter in the most favorable light, and supposing that the acts of the appellant, Bailey, were not intended to deceive or defraud, there cannot rest a doubt on any mind, as it appears to me, that the acts and intentions of Green were fraudulent, and therefore that the mortgage is void as to the respondents. I am therefore of opinion that the decree of the chancellor should be affirmed. By Mr. Senator Beardsley. Without detaining the court by recapitulating the facts of this case, I think they abundantly sustain the allegation of fraud. The question then arises, is the bill so drawn as to sustain the decree? The respondents allege in their bill " that they have been Albany, unable to ascertain the true consideration of the mortgage, Dec.1831" which they have been informed and believe was given to de-"b fraud the creditors of Green;" and they pray that Green and BJj Bailey may set forth the consideration, and whether it is bona fide or fraudulent, and that Bailey be compelled to receive what may be found to be equitably due, and to relinquish his claim on the mortgage to the respondents. The bill also contains a prayer for general relief. The defendants below neither demurred nor pleaded to the bill, but went on to answer, and proofs have been taken in the cause. Although unskilfully drawn, the object of the bill seems to have been to set aside the mortgage if fraudulent...


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Product Details
  • ISBN-13: 9781130441666
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 256
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1130441660
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 463 gr


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Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 8
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