Gillies v. Kreuder

New York Supreme Court

Gillies v. Kreuder

40 N.Y. Sup. Ct. 314

DecidedSeptember 15, 1884

StatusPublished

This text of 40 N.Y. Sup. Ct. 314 (Gillies v. Kreuder) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gillies v. Kreuder, 40 N.Y. Sup. Ct. 314 (N.Y. Super. Ct. 1884).

Pincite

Opinion

Dykman, J.:

This is an action by judgment creditors of Charles Kreuder, now deceased, to set aside conveyances from him to his wife as fraudulent against creditors. The cause was tried before a referee and decided in favor of the defendant, and he has found that the conveyances were all made by the husband to his wife in good faith and in the discharge of obligations he was under to her. [315]*315Tliat tbey were not made in fraud of creditors, and are not fraudulent but valid conveyances. There is testimony to sustain the finding, and the case is well decided on the facts. The objections to the testimony of the wife, respecting personal transactions with her deceased husband, were properly overruled. The plaintiffs do not hold or claim under the husband. Moyer v. Moyer (21 Hun, 67) is not an authority for the plaintiffs. In that case the. defendant claimed to hold under the deed from the deceased, and evidence of personal transaction between them was inadmissible as the plaintiffs also claimed to hold under their father.

The judgment should be affirmed, with costs.

Barnard, P. J., and Pratt, J., concurred.

Judgment affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Dykman, J.:

This is an action by judgment creditors of Charles Kreuder, now deceased, to set aside conveyances from him to his wife as fraudulent against creditors. The cause was tried before a referee and decided in favor of the defendant, and he has found that the conveyances were all made by the husband to his wife in good faith and in the discharge of obligations he was under to her. [315]*315Tliat tbey were not made in fraud of creditors, and are not fraudulent but valid conveyances. There is testimony to sustain the finding, and the case is well decided on the facts. The objections to the testimony of the wife, respecting personal transactions with her deceased husband, were properly overruled. The plaintiffs do not hold or claim under the husband. Moyer v. Moyer (21 Hun, 67) is not an authority for the plaintiffs. In that case the. defendant claimed to hold under the deed from the deceased, and evidence of personal transaction between them was inadmissible as the plaintiffs also claimed to hold under their father.

The judgment should be affirmed, with costs.

Barnard, P. J., and Pratt, J., concurred.

Judgment affirmed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

40 N.Y. Sup. Ct. 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillies-v-kreuder-nysupct-1884.