Searle v. Gerent

• Decision Date: 19 April 1932
• Citation: Searle v. Gerent, 114 Conn. 671, 159 A. 892 (Conn. 1932)
• Court: Connecticut Supreme Court
• Parties: SEARLE v. GERENT et al.

159 A. 892

114 Conn. 671

SEARLE v. GERENT et al.

Supreme Court of Errors of Connecticut.

April 19, 1932

Appeal from Superior Court, Hartford County; Ernest A. Inglis Judge.

Action by Frederick A. Searle, receiver of the Commercial Trust Company of New Britain, against Alex Gerent and others to recover from guarantors on a note and to set aside conveyances as fraudulent, tried to the court. Judgment for the plaintiff on the guaranty, and in favor of the defendants as to the conveyances, and the plaintiff appeals.

No error.

Donald Gaffney and Bernard F. Gaffney, both of New Britain, for appellant.

W. F Mangan, of New Britain, for appellees Scholar and Kereleyza.

Argued before MALTBIE, C.J., and HINMAN, HAINES, BANKS, and AVERY JJ.

HINMAN, J.

The plaintiff, as receiver of the Commercial Trust Company of New Britain, brought this action to recover from Andrew Gerent Alex Gerent, and three others, as guarantors of a note for $10,000, given by the Ukrainian Company of New Britain to the trust company, and to set aside as fraudulent, conveyances made by Andrew Gerent to Christi Scholar and to two others and by Alex Gerent to Nicholas Kereleyza. This appeal relates only to the judgment for the defendants Scholar and Kereleyza, and its purpose and effort are to procure alterations in the finding which, it is claimed, would invalidate the conclusions of the trial court that the conveyances to these defendants were given in consideration of, and as security for, prior indebtedness of the grantor to the grantee, and without intent to defraud the plaintiff.

The finding is that at various times prior to May 12, 1931, Scholar had loaned to Andrew Gerent various sums of money. Gerent's wife was a half-sister of Scholar and died early in 1931. Soon after her death. Scholar, who had relied upon her honesty to see to it that the money loaned by him to Gerent was paid, began to demand of Gerent that he either pay the indebtedness or give security for it. They agreed that the amount owed was $5,700, with interest, which would bring the total to $6.000, and on May 12, 1931. Gerent executed a mortgage to Scholar for that amount on real estate in New Britain. On May 27, 1931, Alex Gerent was indebted to Kereleyza in the sum of $5,000 for money loaned, $2,000 on November 1, 1924, and $3,000 on August 1, 1928; both items being evidenced by written acknowledgments. On several occasions Kereleyza had demanded payment or security, and on May 27, 1931. Gerent executed a note to him for $5,000 secured by mortgage. It is also found that at the date of these conveyances no demand had been made on either grantor for payment as guarantor of the Ukrainian Company note, and that neither grantee then knew that his grantor was such guarantor or was indebted or obligated to the trust company or its receiver. The finding last mentioned is attacked, but, as there is evidence to that effect, it must stand.

The findings that the grantors were indebted to the grantees,...