Slessinger v. Topkis

Citations

• 15 Del. 140

Syllabus

<p>Judgment. Fraud,—An insolvent or failing debtor may give a bond and warrant, confess judgment, and prefer one or more creditors to others, if done in good faith to secure bona fide debts, even though such secured creditors receive thereunder a greater proportion of their respective debts than could be secured to all his creditors.</p> <p>Same. Insolvency,—A debtor may prefer one creditor to another with the direct intention of defrauding other creditors, and, unless the preferred creditor received the property with the same fraudulent design, the contract is valid against other creditors, who may be injured by the transaction.</p> <p>Same.—To avoid a preference given to a bona fide creditor, it must be shown that it was given by an assignment “ eo nomine” or by an instrument, which is in fact an assignment under cover of another form.</p>