Smith v. Doty

Citations

• 91 Wash. 315
• 157 P. 881
• 1916 Wash. LEXIS 1297

Syllabus

<p>Fraud — Money Received — Payment of Debt — Fraud Upon Creditors — Evidence—Sufficiency. In an action to trace and recover funds placed by judgment debtors beyond the reach of creditors, findings that the debtors made payments and assigned stock without consideration in fraud of creditors are not sustained, where plaintiffs were obliged to depend upon the testimony of the defendants, which tended to show a consideration in the settlement of past debts and there was no evidence of bad faith except from the inferences arising from the relationship of the parties, and the assignee of the stock purchased in good faith without notice of the fraud; as clear and convincing evidence of the fraud is necessary.</p>