
    CARRUTHERS et v KENNEDY et
    Ohio Supreme Court
    No 21576.
    Decided May 29, 1929
   Syllabus by

MARSHALL, CJ.

DEBTOR & CREDITOR

(210 Be) A conveyance by an insolvent debtor in contemplation of insolvency, made with a design to prefer the purchaser to the exclusion in whole or in part of other creditors, the purchaser not knowing of such insolvency or of the design to prefer but believing the vendor to be solvent, is valid.

A conveyance by an insolvent debtor in contemplation of insolvency, made with intent to hinder, delay and defraud creditors, the purchaser not knowing of such insolvency or of such fraudulent intent, is valid.

That part of 11105 GC, which provides that the provisions of 11104 GC shall not apply unless the person or persons to whom a sale, conveyance, transfer, mortgage or assignment is made knows of such fraudulent intent on the part of the debtor or debtors, has application to a design to prefer one creditor to the exclusion in whole or in part of other creditors, and likewise has application to a conveyance made with intent to hinder, delay and defraud creditors.

Kinkade, Robinson, Jones, Matthias and Day, JJ,' concur.  