Public-domain · open source
OpenJurist

43 Minn. 397

Bloom v. Moy

Supreme Court of Minnesota

Decided June 2, 1890

Supreme Court of Minnesota · decided 1890-06-02

Action brought in the district court for Carver county, by plaintiff, a judgment creditor of Samuel Moy, to set aside as fraudulent a conveyance from that defendant to the defendant Fritz Moy. At the trial, before Edson, J., a dismissal was ordered at the close of plaintiff’s case. A_ new trial was refused, and the plaintiff appealed.

Relies on County of Olmsted v. Barber · Hartman v. Weiland · City of St. Paul v. Merritt

Good law ✅— No negative treatment on recordhow we know

Decided 1890-06-02

How this case has been cited

Cited by 9 later decisions — most recently November 1956

2 federal appellate · 7 state decisions

301890190019101920193019401950decided

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.

View the full empirical analysis of this case →

Gilfillan, C. J.1

¶1The action was properly dismissed. "When a judgment creditor, or one claiming through the judgment, brings an action to set aside, as fraudulent as to creditors, a conveyance of real estate by the judgment debtor prior to the judgment, he must show that the debt for which the judgment was rendered existed at the time' of the conveyance. The judgment does not, as against strangers to it, prove the antecedent existence of the debt for which it was rendered. Bruggerman v. Hoerr, 7 Minn. 261, (337;) Braley v. Byrnes, 20 Minn. 389, (435;) County of Olmsted v. Barber, 31 Minn. 256, (17 N. W. Rep. 473;) Hartman v. Weiland, 36 Minn. 223, (30 N. W. Rep. 815.) The plaintiff did not prove that the debt existed at the time of the conveyance. He attempted it, perhaps, by showing that a bill of claim of plaintiff against the judgment debtor was presented to the latter prior to the conveyance. Without deciding whether what the latter said at the time would have been evidence to prove, as against this defendant, the existence of the debt, it is enough to say that there was no evidence of the identity of the *398claim thus presented with the one on which the judgment was recovered. As plaintiff’s' action had to fail for absence of the proof mentioned, it was not material that evidence offered of a fraudulent intent was excluded. The admission of it would not have affected the result.

¶2Order affirmed.

¶3 Vanderburgh, J., took no part in this case.

/43/minn/397 · .json · Public domain