Wadsworth v. Havens

Decided October 15, 1829

New York Supreme Court · decided 1829-10-15

This was an action of replevin, tried at the Madison circuit in April, 1828, before the Hon. Nathan Williams, one of the . ., . -i circuit judges. The plaintiff proved that on the 16th May, 1827, he purchased of one Jeremiah Tifft a yoke of oxen, for which he paid $60, which were driven away on the 11th June, 1827, by the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-10-15

How this case has been cited

Cited by 6 later decisions — most recently May 1894

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Savage, Ch. J.

¶2In the case of Reade v. Livingston, (3 Johns. C. R. 481,) the late Chancellor Kent held that a voluntary settlement was void as to antecedent creditors, (being constructively fraudulent as to them,) but as to subsequent creditors, such settlement could be avoided only by shewing actual fraud; and for this he relied on a decision of Lord Hardwicke, in Taylor v. Jones, (2 Atk. 600.)

¶3The defendant here was not only a subsequent creditor, but a purchaser for valuable consideration; and therefore, according to the third resolution in Twyne’s case, (3 Co. 83,) had a right to avoid a precedent fraudulent conveyance.

¶4This point alone is sufficient to authorise a new trial, and the other questions raised need not be discussed.

¶5New trial granted.