 ... or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud unless it shall...  Report of Cases in the Supreme Court of Nebraska - Página 248de Nebraska. Supreme Court - 1873Visualização completa - Sobre este livro
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1878 - 632 páginas
...requires in such eases, that unless the person claiming under the assignment shall make it appear " that the same was made in good faith, and without any intent to defraud, etc.," such possession by the assignor " shall be conclusive evidence of fraud." Sec. 11, Chap. 25,... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1878 - 636 páginas
...Plaintiffs excepted. "Second. — The burden rests upon the plaintiffs to prove that the sale or transfer was made in good faith, and without any intent to defraud such creditors, and if he has failed in that proof he cannot recover." THE COURT so charged. Plaintiffs excepted. "... | |
 | Iowa. Supreme Court - 1879 - 778 páginas
...shall be conclusive evidence of fraud, unless it shall be made to appear on the part of the person claiming under such sale, or assignment, that the...any intent to defraud such creditors or purchasers." The plaintiff testified upon the trial as follows: " These notes were given for an indebtedness due... | |
 | New York (State). Legislature. Senate. Special Committee on the Revision of the Statutes - 1879 - 472 páginas
...appear, on the part of the persons claiming under the sale or assignment, that the same was made jn good faith, and without any intent to defraud such creditors or purchasers. [2 RS, 136, Part 2,ch. 7, tit. 2, § 5 (3 RS, 5th ed., 222; 2 Edm., 141); without change, except the... | |
 | 1902 - 1128 páginas
...immediate delivery and be followed by an actual and continued change of possession of the things Bold or assigned, shall be presumed to be fraudulent and...assignment that the same was made in good faith and without intent to defraud such creditors or purchasers." It may be doubted whether the statute has application... | |
 | 1908 - 2268 páginas
...purchasers in good faith; and shall be conclusive evidence of fraud unless it shall be made to appear ou the part of the persons claiming under such sale or...any Intent to defraud such creditors or purchasers." "Section 2313. No mortgage of personal property shall be valid against any other person than the parties... | |
 | Nebraska, Guy Ashton Brown - 1881 - 838 páginas
...219, 397. The retention of possession is only prilntt (a£ie evidence of every assignment of goods and chattels, by way of mortgage or security, or upon...any intent to defraud such creditors or purchasers. SEC. 12. [Creditors.] — The term "creditors," as used in the last section, shall be construed to... | |
 | Nebraska, Guy Ashton Brown - 1881 - 842 páginas
...only prim» facie evidence at «very assignment of goods and chattels, by way of mortgage or eecurity, or upon any condition whatever, unless the same be...any intent to defraud such creditors or purchasers. SEC. 12. [Creditors.] — The term "creditors," as used in the last section, shall be construed to... | |
 | Alexander Mansfield Burrill - 1882 - 906 páginas
...vendor, of goods and chattels in his possession, or under his control, and every assignment of goods and chattels by way of mortgage or security, or upon any...any intent to defraud such creditors or purchasers." 8 The effect of this provision is to throw upon the vendee, mortgagee, or assignee of personal property,... | |
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