David Josiah Brewer

“ Under such circumstances, the presumption of any fraudulent intent is rebutted; and it is manifest that he had done no more than any business man has a right to do, to provide against future misfortune when he is abundantly able to do so.' Further, as negativing any fraud in intent, a year after this guaranty, and when, undoubtedly, there must have been developing some probability of liability therefrom, Schreyer purchased other real estate, and took the title in his own name. ”

“ If his testimony is worthless, and to be rejected, then there is practically no testimony interpreting those transactions; and the court never presumes fraud. The very confusion and carelessness in the dealings between husband and wife make against, rather than in favor of, the claim of fraud. There was no evidence that he was in debt at the time of these conveyances, at least beyond a trifling amount, which was subsequently paid ”

“ In order to defeat a settlement made by a husband upon his wife, it must be intended to defraud existing creditors, or creditors whose rights are expected shortly to supervene, or creditors whose rights may and do so supervene; the settler purposing to throw the hazards of business in which he is about to engage upon others, instead of honestly holding his means subject to the chance of those adverse results to which all business enterprises are liable. ”

“ Could anything be clearer than that these conveyances were free from all imputation of fraud as against anybody, and especially as against such a remotely subsequent creditor?
While the transaction as to the bonds and mortgages is nearer in point of time to the creation of the indebtedness to Vanderbilt, it is so remote in fact as also to be free from imputation of fraud. The circumstances surrounding the creation of this debt must be stated a little more in detail: Gebhart and Ritchie owned the lots. ”

“ Schreyer, originally $5,000, but reduced by payments to about $2,200. Desiring to build, in the belief that the rents from new buildings on the front of the lots could be used to pay off their indebtedness, they arranged with the Schreyers for an advance of the amount that should be needed in addition to the sums they could borrow on mortgages from the Ward estate. The Ward estate agreed to loan $10,000 on each lot and contemplated building. ”

“ Notwithstanding these conveyances, he retained all the property used in his stair-building business, was in debt only from five hundred to one thousand dollars, and had money in bank, accounts due him, and personal property used in his business, aggregating from ten to twenty thousand dollars. It is true that some $12,000 of mechanic's liens had been filed against buildings which he owned, and whih had been recently constructed; but these liens were by subcontractors, with possibly one or two minor exceptions. Money for their payment was deposited with certain trust companies ”