The New York Practice a Treatise Upon Practice And Pleadings in Actions And Sp

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The New York Practice a Treatise Upon Practice And Pleadings in Actions And Sp
Joel Tiffany
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, 302. " 17 Barb. , 388.
398 ADMINISTRATION OF CIVIL JUSTICE.
lent intent on the part of the assignor in executing the same. The intent must be to commit a fraud upon the el-editors by such assignment.^ Bat this intent may be inferred froin the transaction itself. Thus, where a debtor, being sued by one of his creditors, assigned his stock of good's and accounts absolutely so as to give the preferred creditor the full benetit of the assigned property, if more than enough to pay the debt, but if
... less the debt was to be extint'-aished j^ro tanto. The court held that the assign- ment^must be deemed fradulent, as no reason could be seen for making an absolute assignment of all the property to the creditor without risk or loss to him, unless upon some secret or implied understanding between the parties to keep the surplus for the assignor. ' Fraud may be inferred from an excessive amount of property assigned, compared with the amount of debts.^ An agreement to employ the assignor as agent of the as- signee, upon a salary, would be a strong badge of fraud.

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