Kerker v. Levy
| Decision Date | 29 June 1912 |
| Citation | 206 N.Y. 109,99 N.E. 181 |
| Parties | KERKER v. LEVY et al. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department.
Suit by A. Lawrence Kerker against Charies S. Levy and another . A judgment for plaintiff was reversed on defendants' appeal (140 App. Div. 428,125 N. Y. Supp. 357), and plaintiff appeals. Affirmed.
See, also, 140 App. Div. 936, 126 N. Y. Supp. 1133.
Edward W. S. Johnston, of New York City, for appellant.
Joseph J. Baker, of New York City, for respondents.
[1][2] While we hold that the rule stated in Smith v. Reid, 134 N. Y. 568, 31 N. E. 1082, that a voluntary conveyance by one indebted at the time is presumptively fraudulent as against existing creditors, is the law of this state, rather than the rule laid down in Kain v. Larkin, 131 N. Y. 300, 30 N. E. 105, still we are of opinion that the evidence in the case presented questions of fact, the determination of which by the trial court it was within the power of the Appellate Division to review and reverse. Therefore, as the order of reversal recites that it was made on the facts, as well as on the law, the plaintiff's appeal must fail, the order granting new trial must be affirmed, and judgment absolute rendered against the appellant on the stipulation, without costs in any court.
GRAY, J., absent.
Order affirmed, etc.
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In re Checkmate Stereo & Electronics, Ltd.
...proof to the contrary, that he was then insolvent. Cole v. Tyler, 65 N.Y. 73; Smith v. Reid, 134 N.Y. 568, 31 N.E. 1082; Kerker v. Levy, 206 N.Y. 109, 99 N.E. 181; GaNun v. Palmer, 216 N.Y. 603, 111 N.E. 223." (Emphasis in original.) Feist v. Druckerman, 70 F.2d 333, 334 (2d Cir. Similarly,......
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...proof to the contrary, that he was then insolvent. Cole v. Tyler, 65 N.Y. 73; Smith v. Reid, 134 N.Y. 568, 31 N.E. 1082; Kerker v. Levy, 206 N.Y. 109, 99 N.E. 181; GaNun v. Palmer, 216 N.Y. 603, 111 N.E. 223. per Cardozo, J. . . It imposes on the volunteer transferee of one who has creditor......
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