Kerker v. . Levy

New York Court of Appeals

Kerker v. . Levy

99 N.E. 181, 206 N.Y. 109, 1912 N.Y. LEXIS 961

CourtNew York Court of Appeals

DecidedJune 29, 1912

StatusPublished

Cited by34 cases

This text of 99 N.E. 181 (Kerker v. . Levy) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kerker v. . Levy, 99 N.E. 181, 206 N.Y. 109, 1912 N.Y. LEXIS 961 (N.Y. 1912).

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Opinion

Per Curiam.

While we hold that the rule stated in Smith v. Reid (134 N. Y. 568) that a voluntary conveyance by one indebted at the time is presumptively fraudulent as against existing creditors is the law of this state, rather than the rule laid down in Kain v. Larkin (131 N. Y. 300), still we are of opinion that the evidence *110 in the case presented questions of fact, the determination of which by the trial court it was within the power of the Appellate Division to review and reverse. Therefore, as the order of reversal recites that it was made on the' facts as well as on the law the plaintiff’s appeal must fail, the order granting new trial must he affirmed and judgment absolute rendered against the appellant on the stipulation, without costs in any court.

Culler, Ch. J., Haight, Varr, Werner, Willard Bartlett and Chase, JJ., concur; Gray, J., absent.

Order affirmed, etc.

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Per Curiam.

While we hold that the rule stated in Smith v. Reid (134 N. Y. 568) that a voluntary conveyance by one indebted at the time is presumptively fraudulent as against existing creditors is the law of this state, rather than the rule laid down in Kain v. Larkin (131 N. Y. 300), still we are of opinion that the evidence *110 in the case presented questions of fact, the determination of which by the trial court it was within the power of the Appellate Division to review and reverse. Therefore, as the order of reversal recites that it was made on the' facts as well as on the law the plaintiff’s appeal must fail, the order granting new trial must he affirmed and judgment absolute rendered against the appellant on the stipulation, without costs in any court.

Culler, Ch. J., Haight, Varr, Werner, Willard Bartlett and Chase, JJ., concur; Gray, J., absent.

Order affirmed, etc.

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Bluebook (online)

99 N.E. 181, 206 N.Y. 109, 1912 N.Y. LEXIS 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerker-v-levy-ny-1912.

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