Lehman v. Bentley

The Superior Court of New York City

Lehman v. Bentley

28 Jones & S. 473, 46 N.Y. St. Rep. 249, 60 N.Y. Sup. Ct. 473

CourtThe Superior Court of New York City

DecidedMay 2, 1892

StatusPublished

This text of 28 Jones & S. 473 (Lehman v. Bentley) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lehman v. Bentley, 28 Jones & S. 473, 46 N.Y. St. Rep. 249, 60 N.Y. Sup. Ct. 473 (N.Y. Super. Ct. 1892).

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Opinion

By the Court.—Freedman, J.

A careful examination of the whole case has satisfied me that the evidence amply sustains the findings of fact made by the trial judge and that the judgment creditors represented by the plaintiff, as receiver, are not estopped from maintaining the action. The admissions made by the defendant in his answer are conclusive upon him. Under then circumstances the legal conclusions reached are the logical and inevitable result. Even in the absence of an actual intent to hinder, delay or defraud creditors, a conveyance of property, the only consideration of which is an agreement on the part of the transferee that he will apply the proceeds in payment of the debts of the transferor, is void unless executed in the manner prescribed for a general assignment. Britton v. Lorenz, 45 N. Y., 51. And a conveyance in consideration of future services of any kind, is also void against then existing creditors. Davis v. Briggs, 24 N. Y. State Rep., 896; Swift v. Hart, 35 Hun, 129.

The exceptions taken by the defendant are untenable.

The judgment should be affirmed, with costs.

Sedgwick, Ch. J., concurred.

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By the Court.—Freedman, J.

A careful examination of the whole case has satisfied me that the evidence amply sustains the findings of fact made by the trial judge and that the judgment creditors represented by the plaintiff, as receiver, are not estopped from maintaining the action. The admissions made by the defendant in his answer are conclusive upon him. Under then circumstances the legal conclusions reached are the logical and inevitable result. Even in the absence of an actual intent to hinder, delay or defraud creditors, a conveyance of property, the only consideration of which is an agreement on the part of the transferee that he will apply the proceeds in payment of the debts of the transferor, is void unless executed in the manner prescribed for a general assignment. Britton v. Lorenz, 45 N. Y., 51. And a conveyance in consideration of future services of any kind, is also void against then existing creditors. Davis v. Briggs, 24 N. Y. State Rep., 896; Swift v. Hart, 35 Hun, 129.

The exceptions taken by the defendant are untenable.

The judgment should be affirmed, with costs.

Sedgwick, Ch. J., concurred.

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Bluebook (online)

28 Jones & S. 473, 46 N.Y. St. Rep. 249, 60 N.Y. Sup. Ct. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehman-v-bentley-nysuperctnyc-1892.

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