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38 F. 682

Potts v. Hahn

New Jersey District Court

Decided May 11, 1889.)

New Jersey District Court · decided 1889-05-11

<p>Fraudulent Conveyances.</p> <p>Conveyances made without consideration, in contemplation of bankruptcy, and with the intent, participated in by the grantees, to defraud creditors, will be set aside.</p>

Cited by 1 later decisions — most recently February 1897

2 counsel of record

Relies on Graham v. Railroad Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-11

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¶1Fraudulent Conveyances.

¶2Conveyances made without consideration, in contemplation of bankruptcy, and with the intent, participated in by the grantees, to defraud creditors, will be set aside.

¶3In Equity. Bill to set aside conveyances. On final hearing.

¶4For opinion on, demurrer to bill, see 32 Fed. Pep. 660.

¶5G. A. Seixas, for complainant.

¶6Samuel Kalisch, for defendants.

¶7Wales, J.

¶8This is a bill to set aside a "certain mortgage, and a conveyance of real estate, made by the defendant John Hahn, and also a chattel mortgage made by the same defendant, on the ground that the said conveyance and mortgages were made without any valid consideration, in contemplation of bankruptcy, and in fraud of creditors; and that his co-defendants acted in concert with the said John Hahn in a deliberate scheme to hinder, delay, and defraud his creditors, knowing at the time that he was in failing circumstances, and that proceedings in bankruptcy had been, or soon would be, taken against him. The testimony fully establishes the truth of the material averments contained in the bill. The proof of fraud on the part of John Hahn, and of conscious connivance and active co-operation therein on the part of the co-defendants, is complete and overwhelming, and the conclusion admits of no dispute. Let a decree be entered for the complainant.

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