James v. Powell
New York Court of Appeals
19 N.Y.2d 249, 279 N.Y.S.2d 10, 225 N.E.2d 741 (1967)
- Written by Mary Phelan D'Isa, JD
Facts
A New York court awarded damages to James (plaintiff) against Adam Powell and his wife, Yvette Powell (defendants). The judgment was entered on April 5, 1963, and execution was issued the same day. On April 17, 1963, Mrs. Powell, acting with Mr. Powell’s knowledge and approval, transferred the couple’s Puerto Rican property to Mrs. Powell’s aunt and uncle. Thereafter, the execution of the New York judgment came back unsatisfied. James never docketed the New York judgment in Puerto Rico nor instituted an enforcement action, because James never found any property listed in either Mr. or Mrs. Powell’s names in Puerto Rico. Instead, James sued Mr. and Mrs. Powell in state court in New York and alleged that Mrs. Powell’s transfer of the Powell’s Puerto Rican property was done without consideration and with the intent to defraud James and prevent collection of James’s judgment against Mr. and Mrs. Powell. The trial judge awarded James compensatory damages against both Mr. and Mrs. Powell and punitive damages against Mr. and Mrs. Powell in different amounts. The appellate judge reduced the award of compensatory damages against both Mr. and Mrs. Powell and reduced the award of punitive damages against Mr. Powell and dismissed the award of punitive damages against Mrs. Powell altogether. James appealed.
Rule of Law
Issue
Holding and Reasoning (Fuld, C.J.)
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