FRAUDULENT CONVEYANCES - RIGHT OF CREDITOR WHOSE CAUSE OF ACTION ACCRUED AFTER THE DEBTOR'S VOLUNTARY CONVEYANCE

Authors

Reed T. Phalan, University of Michigan Law School

Abstract

On the morning following the accident in which plaintiff's husband was struck and fatally injured by an auto owned and driven by defendant John Manning, the latter conveyed to his sister, Anna, his undivided one-half interest in certain realty, thereby making himself insolvent. About two and one-half weeks later, plaintiff's husband died as a result of the accident, and plaintiff brought suit on behalf of herself and her daughter to recover damages for the wrongful death of her husband. Plaintiff recovered judgment, and then filed the present action to set aside the conveyance. The court so decreed, and defendants John and Anna appealed. One of their contentions was that, although after the collision there was a cause of action in the injured party which upon his death could have been prosecuted by the plaintiff as administratrix, her cause of action on her own behalf to recover for wrongful death did not accrue until the death, which was after the alleged fraudulent conveyance. Held, although the cause of action did not accrue until after the conveyance, plaintiff was entitled to have the fraudulent conveyance set aside. Edwards v. Manning, 137 Ohio St. 268, 28 N. E. (2d) 627 (1940).

Recommended Citation

Reed T. Phalan, FRAUDULENT CONVEYANCES - RIGHT OF CREDITOR WHOSE CAUSE OF ACTION ACCRUED AFTER THE DEBTOR'S VOLUNTARY CONVEYANCE, 39 Mich. L. Rev. 326 (1940).
Available at: https://repository.law.umich.edu/mlr/vol39/iss2/18