Melville Fuller

“ The master found that John A. Crawford paid on behalf of Foster not less than $10,000 in satisfaction of the holders of warehouse receipts of Foster for wheat stored by them, but which Foster had converted to his own use, also about $16,000 upon indorsements which he had made for the accommodation of Foster, and further satisfied an indebtedness of Foster to himself, amounting, on the 6th of February, 1884, to the sum of $27,737.23, and that this total of $53,737.23 constituted the consideration of the conveyance and transfer by Foster to him of property reasonably worth $42,000 ”

“ A collusive transfer, placing the property of a debtor out of the reach of his creditors, while securing to him its beneficial enjoyment, is not to be tolerated, yet an insolvent debtor may prefer a creditor, even though the latter has knowledge of such insolvency. ”

“ The burden is upon the attacking creditor, but where the fraudulent intent on the grantor's part is made out, and the circumstances are suspicious, the purchaser must show that he has paid value; and, if he does, it must then appear that the purchaser had notice of the fraud. ”

“ The learned judge of the circuit court stated in his opinion that on the argument it was tacitly conceded that the conveyance to Pearce was made for a full consideration, and for no other purpose than to prefer him to other creditors ”

“ This is what was done, according to the testimony, and the explanation was properly held to be satisfactory.
And so as to Foster's declarations. Expressions of hope of recovery indulged in by a person reduced to poverty by large losses must be taken with many grains of allowance, and those testified to here as indicative of the retention of an actual interest in the property fall short of overcoming the explicit evidence to the contrary.
The case as to William Crawford is of much more difficulty. ”

“ Williams v. Nottawa, 104 U.S. 209; Manufacturing Co. v. Bradley, 105 U.S. 175, 180; De Laveaga v. Williams, 5 Sawy. 573, per Mr. Justice FIELD.
It was established by the testimony of members of the firm of Sibson, Quackenbush & Co. that their judgment was sold to Neal for his note for $5,000; that the firm was not concerned in any way in the result of the pending litigation, and had parted with its entire interest in the judgment; and, by the testimony of a member of the firm of W. C. Noon & Co., that that firm sold its judgment to Neal for $500, absolutely and without condition. ”