147 N.Y.S. 404 | N.Y. App. Term. | 1914
The defendant is a marshal of the city of New York. The action was brought to recover money paid by plaintiff to the defendant under duress of legal process. The plaintiff was informed by Mr. Neuman, manager of the Peter Doelger Brewing Company, that Arthur Ward desired to sell his saloon. On the same day plaintiff received the information he called upon Mr. Ward and entered into negotiations for the purchase of the saloon. Ward and plaintiff
An intent to defraud must be evident on the part of both transferor and transferee. The sale of goods in bulk without compliance with the terms of the statute raises a presumption of fraudulent intent on the part of the transferee which if not overcome by proof becomes conclusive. In the case at bar the transferee, in so far as he was permitted to do so by the court, showed his good faith in the transaction, and that he had no intent to defraud the creditors of Ward, but provided for the payment of their debts.
• If the transferor made a false statement, a penalty is provided in subdivision 2 of section 44.
Guy and Whitaker, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.