Kahn v. Wilkins

Citations

• 36 Fla. 428

Syllabus

<p>1. Deeds of conveyance and bills of sale entered into for the purpose of defrauding creditors are valid as between the parties thereto, and such instruments vest title absolutely in the grantees, subject to impeachment only by the persons defrauded by such transactions.</p> <p>2. A party who has conveyed by bill of sale his goods for the purpose of defrauding his creditors can not be permitted in a court of justice to question the sale, although it appear that no consideration was received therefor.</p> <p>3. K. conveyed his stock of goods for the purpose of defrauding his creditors to W. under an arrangement that the latter, for a consideration, should assume nominal control of the business and permit the same to be carried on in his name, butthe business and property employed therein to belong to K.; the business was conducted under such arrangement for about two years, when a new arrangement was entered into, as claimed by K., by which the business was to be continued in the name of W., and in consideration of which and for personal services to be rendered by him he was to receive one-half of the profits of the business: Held, That K. was in no situation to main- ■ tain a bill against W. for an account, even if such new arrangement was made, where it appeared that such new arrangement was a continuation of the same scheme to defraud K’s creditors who had not been paid their just claims.</p>