81 N.Y.S. 873 | N.Y. App. Div. | 1903
This is a judgment creditors’ suit, in which certain conveyances of real estate, made by the defendant David G. Burton to the other defendants, have been set aside as
It is said in the brief for the appellants that there is no contention that at that time D. G. Burton, the-grantor, was not solvent, or that he did not retain ample property out of which to pay all existing debts. I do not understand it to be admitted by the counsel for the respondent that such was the fact; and, indeed, any admission of the kind would be in conflict with the testimony to which we have referred, and with other evidence showing that Mr. Burton got rid . of all his visible property in order to keep off his creditors. Portions of the land conveyed by the first two deeds were subsequently conveyed by the D. G. Burton Company to Isabella M. Burton, and by Isabella M. Burton to Burton Bros. & Co. The Burton Bros. Company was wholly organized by persons belonging to the Burton family, and commenced business with the larger part of the property which David G. Burton had originally transferred to the D. G. Burton Company, and which the D. G. Burton Company had transferred to Isabella M. Burton. The circumstances under which the grantees took the conveyances were such as to charge them with knowledge of the fraudulent intent which entered into the prior conveyances of the same property.
The appellants argue that the judgment is in conflict with the rules laid down in Kalish v. Higgins, 70 App. Div. 192, 75 N. Y. Supp. 397, and Kain v. Larkin, 131 N. Y. 300, 30 N. E. 705. An examination of these decisions does not support their position. In the Kalish
Judgment affirmed, with costs. Ail concur.