133 Tenn. 370 | Tenn. | 1915
delivered the opinion of the Court.
The hill in the present case was filed by the trustee in bankruptcy of J. H. Hope to set aside as fraudulent certain sales and conveyances made by him. We deem it necessary in this opinion to consider only two of the transactions.
1. J. H. Hope and his daughter, Amanda T. Hope, were partners in a small grocery store, carrying a stock of goods worth between $900' and $1,000. On June 1,1913, they dissolved partnership, the daughter taking the stock and agreeing to pay the partnership debts, except that she permitted her father to take out of the stock $10 or $15 worth of goods as the part that would belong to him after the settlement of the debts. The partnership debts amounted to between $900 and $1,000, or about the value of the stock. These debts were paid by the purchasing partner, Amanda T. Hope. The complainant represents individual creditors of J. H. Hope. The contention is that Amanda T. Hope is liable for the value of the stock of goods because she did not give notice to all the creditors of her father, as required by the bulk sales law of this State. Daly v. Drug Co., 127 Tenn. (19 Cates), 412, 155 S. W., 167, Ann. Cas., 1914B, 1101; Mahoney-Jones Co. v. Sams Bros, 128 Tenn. (1 Thomp.), 207, 159 S. W., 1094; Fecheimer-Keifer Co. v. Burton, 128 Tenn., 682, 164 S. W., 1179.
While it is true, as held in Daly v. Drug Co., that the bulk sales law applies to the sale and purchase of an interest in a stock of goods by one partner from another,
2. The mother of J. H. Hope conveyed to him two lots in Chattanooga, under the consideration that he would support her the rest of her life, would bury her, would place a monument at her grave and at the grave of her deceased husband. Hope received his mother in his home, but was away most of the time, and thus left the care of the mother wholly to his wife. His wife ob
Under the facts stated, we think the services which the wife undertook to perform furnished a valuable consideration for the deed, and that it could not be considered voluntary. Taking a more technical view of the matter, it may be said that the husband had the right in good faith to bestow upon his wife his right to her own services as separate estate, and. then to contract with her for the performance to him of those services as a consideration for property conveyed to her. No creditor could object to such an arrangement made in good faith because he could not be harmed, since in no event could he command the services of the wife, through the husband or in any other way. This is within the principle of Carpenter v. Franklin, 89 Tenn. (5 Pick.), 142, 14 S. W., 484.
Beyond question it would not be in accord with settled law, or with sound policy, to concede, or leave
There were other points made in the briefs, all of which have been considered, but we think those which we have stated are sufficient to support the conclusions we have reached.
The result is that the decree of the'court of civil appeals is affirmed.