Nassau National Bank v. Paul

Headnote

Debtor and creditoi--fraudulent conveyance — real property — action to set aside conveyance of real property as in fraud of creditors.

Nassau National Bank v. Paul, 223 App. Div. 733 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1928, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to set aside an alleged fraudulent conveyance of real property. The complaint alleged that the plaintiff recovered a judgment against the defendant Paul

on the 21st day of March, 1925; that an execution against him was thereafter returned wholly unsatisfied; that at the time the cause of action upon which the judgment was recovered accrued, the defendant Paul was the owner in fee simple of premises No. 936 Eighty-fourth street, Brooklyn; that on the 4th day of April, 1925, the defendant Paul conveyed these premises to the defendant Farrell, thereby leaving himself insolvent, and that the conveyance was fraudulently made without any consideration.