93 Ga. 535 | Ga. | 1894
On January 22, 1890, a bill of sale expressing a consideration of $3,000 was made to Mrs. Stevens by her husband who was then insolvent, covering his stock of merchandise. Subsequently an equitable petition was brought against Mrs. Stevens and her husband and against O. A. Davis, her father, by Robinson & Co., for the purpose of setting aside the bill of sale, and to recover judgment against the defendants for the amount of a bill of goods sold by the plaintiffs to Stevens in June, 1889, the account for which fell due January 1st, 1890 The plaintiffs claimed, among other things,, that the goods were sold by them to Stevens on credit based upon the sum of $5,000 turned over to him by Davis in February, 1889, with which sum he went into the mercantile business, and that the bill of sale to his wife was fraudulent and void as against his creditors. The suit was afterwards withdrawn as to Davis, and Stevens having confessed judgment for the amount claimed, the case proceeded against Mrs. Stevens alone. Bpon the second trial of the case a verdict was rendered in her favor, and the plaintiffs made a motion for a new. trial, which was overruled, and they excepted. It appeared from the evidence at the trial that the consideration of the bill of sale was a debt of $3,000 to Mrs. Davis from her husband; that $5,000 which had
Judgment affirmed.