Gray v. Galpin

Citations

• 98 Cal. 633
• 33 P. 725
• 1893 Cal. LEXIS 967

Syllabus

<p>Fraud—Presumption—Burden of Proof.—Fraud must be specifically charged; it cannot be presumed, and the burden of proof is upon him who alleges it.</p> <p>Id__Relationship of Parties.—The mere fact of relationship between the parties to a transfer cannot be resorted to as a badge of fraud, where the conduct of the party receiving the transfer is consistent with fairness and honesty.</p> <p>Id.—Fraud upon Creditors—Transfer of Chattel Mortoage—Insufficiency of Evidence.—The evidence reviewed, and held insufficient to sustain a finding that the transfer of a chattel mortgage was made for the purpose of defrauding the creditors of the mortgagor.</p>