Delta Bank v. Oliver-Finnie Grocery Co.
Delta Bank v. Oliver-Finnie Grocery Co.
Opinion of the Court
delivered the opinion of the court.
The decree must be reversed. It is not warranted by the pleadings and proof. The ouly aspect in which the bill is maintained is that the bank, by reason of the action of McDonald, in co-operation with Lee, was disabled to become the grantee, as against Lee’s creditors, of his assets. The conclusion is irresistible that Lee’s purpose was to defraud, and that the bank, through McDonald, is chargeable with notice of this design; and because of this, the bank was not a bona fide purchaser. Hence, the bank is to be held answerable to Lee’s creditors for what it got by his fraudulent conveyance.
But the decree was improperly rendered against McDonald. He was, as to the transaction with Lee, the bank, and, because of this, the bank, not he, is chargeable, as trustee, of what was conveyed to it by Lee.
The decree is wrong in fixing the value of the property conveyed by Lee at the price agreed on between Lee and the-bank, in view of the evidence that it was worth less. All that the bank is answerable for is the just value of property it disposed of, and property yet on hand may'- be decreed to be sold.
Decree reversed, and cause remanded, with direction for a decree to be made in accordance with this opinion, unless the complainants will take a decree here, as they may, for the sum shown by the evidence to have been realized by the bank from the assets conveyed by Lee to it, and for the sede of property in its hands, derived from Lee, not disposed of by it.
Reference
- Full Case Name
- Delta Bank v. Oliver-Finnie Grocery Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Fraudulent Conveyance. Notice to vendee. Collusion. Trust. Where an insolvent merchant, through the, co-operation of the president of a bank, in falsely representing him to be solvent, was enabled to make unusually large credit purchases of goods, and soon thereafter sold all of his assets to the bank, in consideration of a small sum in cash and a large debt to it, and the president, who acted for the bank, knew that the purpose of the debtor, throughout, was to defraud his other creditors, the sale will be void, and, on a bill filed by such other creditors, the bank will be held a trustee for complainants of the property so acquired. 2. Same. Fraudulent vendee,. Measure of liability. Creditors’ bill. In such case, it is error to render a decree against the bank absolutely for the price agreed on for the goods between it and the debtor. It is answerable only for the fair value of the assets so acquired and disposed of by it, and the property still on hand should be sold under the decree. 3. Fraudulent Vendee. Bank. Personal liability of agent. it is also error in such case to render a decree against the president of the bank'personally. Ilis acts are to be deemed the acts of the bank; it, , having received the benefit, should alone be charged as trustee.