Opinion · Court of Appeals for the Second Circuit
Wilson v. Robinson
83 F.2d 397
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1936-05-04
- Topic
- general
How later courts describe this case
- “Where a voluntary transfer is made when debts of the grantor are outstanding, the burden of going forward with proof of solvency is upon the transferee”
Citator
UpLaw has not yet analyzed Wilson v. Robinson. The absence of a flag is not a finding that it is good law.
- Cited by
- 12 opinions
WILSON v. ROBINSON,83 F.2d 397(2nd Cir. 1936)
WILSON v. ROBINSON et al.
No. 343.
Circuit Court of Appeals, Second Circuit.
May 4, 1936.
Suit by William J. Wilson, as trustee in bankruptcy of Rubin Robinson, against Rubin Robinson and others to set aside as fraudulent a transfer by the bankrupt in which his wife joined, conveying real property to his daughter. Decree for plaintiff with a finding that the bankrupt's wife had no interest in the property, and the defendants appeal.
Decree modified.
Louis P. Rosenberg, of Brooklyn, N.Y., for appellee.
Before MANTON, SWAN, and CHASE, Circuit Judges.
Even if the alleged debt did exist, the transfer was not within section 272 of the Debtor and Creditor Law of New York (Laws 1925, c. 254, § 1), since the bankrupt, by his own testimony, established that the value of the equity transferred greatly exceeded the amount of the alleged debt. A grossly inadequate consideration is a badge of fraud. Lowenstein v. Reikes,60 F.2d 933(C.C.A.2). Actual fraud was also indicated by the dubious story offered in evidence to the effect that the bankrupt conveyed the property to his daughter for an indebtedness of three or four thousand dollars. Neither father nor daughter were able to show that the transaction was in good faith. The transferee knew of the fraud and participated in it. Thus the transfer can be set aside as actually fraudulent within section 276 of the New York Debtor and Creditor Law.
The appellant, Sarah Robinson, in joining with her husband in conveying his property, purported to release her dower rights in it. The release of dower by a wife must be accompanied by or be incident to a conveyance by her husband. Since the conveyance in which she joined is set aside as void, the release is inoperative as against her. Malloney v. Horan,49 N.Y. 111, 10 Am.Rep. 335; Hinchliffe v. Shea,103 N.Y. 153, 8 N.E. 477; Jenkins v. Mollenhauer,105 Misc. 15, 173 N.Y.S. 870, establish this to be the local law of New York. It will be followed by the national courts in the absence of any conflicting provision in the Bankruptcy Act (11 U.S.C.A. § 1 et seq.). Taylor v. Voss,271 U.S. 176, 46 S.Ct. 461, 70 L.Ed. 889. The same situation has been so decided. In re Lingafelter, 181 F. 24, 32 L.R.A.(N.S.) 103 (C.C.A.6). Cf. Johnson v. Payne,26 F.2d 450(C.C.A.8). The appellant Sarah Robinson has a dower interest in the property conveyed which the decree to be entered will protect.
Decree modified.