Smith v. Pattison
Smith v. Pattison
Opinion of the Court
delivered the opinion of the Court.
James L. Smith, on the fifteenth day of January, eighteen hundred and ninety-six, made application for the benefit. of the insolvent laws. On the first day of February following, John R. Pattison, his permanent trustee, filed a bill in equity against James H. Smith, for the purpose of setting aside a sale of goods and merchandise which had been made to him by the insolvent on the twenty-seventh day of December, eighteen hundred and nine.ty-five. It was alleged in the bill of complaint that the’sale was made with
James L. Smith was engaged in business as a country merchant at East New Market and at Secretary, two villages in Dorchester County; having a stock of goods at each place; James H. Smith was carrying on a similar business at Vienna, another village in the same county. These villages are within a few miles of each other. On the twenty-seventh of December, eighteen hundred and ninety-five, James L. Smith, James H. Smith, his father, and Lewis L. Smith, his brother, met at night in the father’s storehouse, in Vienna, and then and there James, the son, sold to his father his stock of goods at East New Market. The price named in the sale was five thousand seven hundred and thirteen dollars and eighty-five cents. James, the father, borrowed at the same time from his son Lewis twenty-three hundred dollars, and paid the money thus borrowed to his son James and gave him his check for three hundred dollars, and at the same time delivered to him his five promissory notes for the remainder of the purchase money. James, the son, then and there paid to his brother Lewis two thousand dollars which he owed him. Afterwards James, the father, executed a mortgage to Lewris to secure the payment of the money borrowed from him. On the first of January Lewis purchased from his father the Vienna stock of goods at the price of two thousand dollars, and after-wards credited this amount on the mortgage. On the seventh of January Lewis purchased from James, the son, the five notes given by the father as part of the price of the New Market goods, and paid him two thousand dollars for them ; said notes aggregating three thousand one hundred and thirteen dollars and eighty-five cents. On the fifteenth
Decree affirmed with costs.
Reference
- Full Case Name
- JAMES H. SMITH v. JOHN R. PATTISON, Trustee
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Fraudulent Conveyances—Burden of Proof to Show Bona Fides of a Conveyance When the Grantor is Adjudicated an Insolvent— Vacating Sale of Property by a Person in Contemplation of Insolvency. When a conveyance of property is assailed as being in fraud of creditors and void as to them, it must generally be shown by the party attacking the deed that the transaction was not bona fide, and that the grantee participated in the fraudulent purpose of the grantor. But under Code, Art. 47, sec. 24, amended by the Act of 1896, chap. 446, when a transfer of property is made by a person who is after-wards adjudicated an insolvent, within the time prescribed, such transfer is held to be prima facie in fraud of the creditors of the grantor, and the burden of proof is thrown upon the grantor and grantee to show the bona fides of the transaction. On December 27, 1895, J. sold his stock of goods to his father, both parties being country merchants in villages a few miles apart. The price named was $5,700, and at the time of the transaction the father borrowed from another son, L., there present, $2,300, and paid the sum to J., together with a check for $300, and promissory notes for the balance. J. then and there paid to his brother L. $2,000, which he owed him. On January 7, 1896, L. bought from J. for $2,000 in cash, the promissory notes given to J. by his father, amounting to $3,113. On January 15, J. applied for the benefit of the insolvent laws, returning in -his inventory about $700 worth of goods, but no money, and showing a list of debts amounting to $6,000. Held, upon the facts, 1st. That the sale was made by J. for the purpose of defrauding his creditors. 2nd. That the vendee had- notice of this fraudulent purpose and was not a' bona fide purchaser. 3rd. That the sale should he set aside upon the application of the trustee in insolvency of J.