Summary

Horace Gray Smith v. Craft — Opinion of the Court

The first question certified is whether the understanding between the bank and Craft, that, if the bank would lend him money from time to time, and that if anything should occur by which he was not able to pay his debts, he would secure the bank, constituted a fraud upon his other creditors, so as to invalidate the subsequent sale of his stock.
Source: Wikisource

Horace Gray Smith v. Craft — Opinion of the Court

The only facts stated in the certificate, (other than the bill of sale itself,) directly bearing upon the validity of the stipulation, are that the bank, with Craft as manager, carried on the business, reducing the stock as rapidly as possible, 'with a view to closing it out,' for about six months, when the stock remaining was sold by auction; that the bank realized for the entire stock $20,000; and Craft received the sum of $150 a month, or about $900 in all, and, since the bill of sale, had no other interest, direct or indirect, in the stock of goods or its proceeds.
Source: Wikisource

Horace Gray Smith v. Craft — Opinion of the Court

Annesley: 'Where, as in this case, the purchase was of a stock of goods in a store, and an established trade existing, it seems but reasonable that, at a fair salary, the grantor might be employed, for a time at least, to continue in charge of the business, and that circumstance will not in itself prove the transaction fraudulent.' 23 Ind.
Source: Wikisource

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