17 N.Y.S. 67 | N.Y. Sup. Ct. | 1891
Lead Opinion
Hear the time when the judgments were recovered against the defendant Millard R. Jones, and apparently in the expectation of their early recovery, he conveyed and transferred all his available property to his wife, Clara H. Jones. These conveyances and transfers were alleged, in support of the action, to be fraudulent against the plaintiff as a judgment creditor whose executions against property upon the judgments had been returned unsatisfied. The facts concerning the disposition of the debtor’s property indirectly and directly to his wife are disclosed by his examination in supplementary proceedings, and also by his affidavit and the affidavit of his wife used in resisting the motion to continue the injunction; and while they prove the fact to be that he, as the guardian of his wife, had become liable to her for a much larger amount than the value of all the property conveyed and transferred to her, there is still evidence tending to establish the conclusion that the property, in part, at least, was conveyed and transferred to her to prevent its appropriation by creditors to the payment of their debts, and that intent, even where there is a corresponding indebtedness intended to be sat
Van Brunt, P. J., concurs in the result.
Concurrence Opinion
I concur in the conclusion arrived at by Mr. Justice Daniels on the ground that, under the circumstances disclosed, an injunction to restrain the defendant Clara H. Jones from disposing of the personal property received by her from her husband until the trial of the action was not an improper exercise of the discretion of the court at special term. I do not wish to be understood, however, as holding that upon the facts presented the court would be justified in granting a judgment which would direct the application of the property in question to the payment of the judgment referred to in the complaint.