35 N.Y.S. 906 | N.Y. Sup. Ct. | 1895
The evidence presented by this record is, with the exception of the testimony of one witness, substantially the same as in the case of Comyns against Biker, which resulted in a judgment setting aside the transfer of certain property by William H. Biker to William B. Biker, on the ground that it was fraudulent and void as against the plaintiff, because made with intent on the part of the transferror to hinder, delay, and defraud his creditors, and was accepted by the transferee with notice of such intent This court, on the appeal in Comyns’ Case, affirmed the judgment. 83 Hun, 473, 31 N. Y. Supp. 1042. On this review the evidence is substantially the same as in the Comyns Case, with the exception of the testimony of William H. Biker, the transferror, who was not sworn in that case; and we shall inquire whether a different result than was then had is now required because of it. The learned judge at special term thought not, and we see no reason to disagree with him. It was shown on the former trial that the father, William B. Biker, by mortgages upon his property, given at different times prior to October 2,1891, obtained about $71,000, which was turned over to his son; and that the father transferred to his son his interest in the drug business in December, 1887, for $60,000, for which six notes of $10,000 each were given. On account of these notes and the moneys received from the mortgages the son claims there was an indebtedness due to his father on February 12,1892, of about $120,000, while the father claims the amount to have been $128,000. The facts that such moneys were turned over to the son, and the father’s interest. in the drug store transferred to him, were not in dispute on either trial, and to such extent the testimony of the son corroborates, merely, that of his father in the Comyns Case, upon a point not disputed. The contention in that case was, as it is in this one, not that