Grunsfeld Bros. v. Brownell

Citations

• 12 N.M. 192
• 76 P. 310

Syllabus

<p>SYLLABUS.</p> <p>1.% An allegation in a complaint that the defendant “is insolvent,” when the complaint is demurred to, is equivalent to saying that such defendant does not own property enough to pay his debts.</p> <p>2. A plaintiff does not have to reduce his debt to judgment before he can go a into court of equity to attack and set aside a fraudulent conveyance made by his debtor. Affirming Early Times Distillery Co. v. Zeiger, 9 N. M. 31.</p> <p>3. Section 67, Session Laws of 1889, which is entitled, “An act to prevent debtors in contemplation of insolvency from preferring on© or more creditors to the exclusion in whole or in part of others,” is not a bankruptcy law, and was not suspended by the enactment of the national bankruptcy law, so far as proceeding under it to set aside any alleged fraudulent conveyance made prior to July 1, 1898, that being the day when the national bankruptcy law was passed by congress.</p>