237 ;  Tappen  v.  Butler,  7  Bosw.  480 ;  Loeschigk  v.  Hatfield,  5
Robt.  26  ;  Cushman  v.  Addison,  52  N.  Y.  628.  The  fact  of  an  ex-
isting indebtedness  is  not  sufficient  to  render  a  conveyanpe  void  as
to  prior  creditors;  there  must  he  a  fraudulent  intent.  Vanv.njclx  v.
Seward,  6  Paige,  62;  S.  C,  18  Wend.  375;  Dunlap  v.  Hfi'i^livfi,


Judgment  Ceeditor's  Action.  653

59  N.  Y.  342.  See  Babcock  v.  EcMer,  24  id.  628.  A  soldier's
bounty-money,  being  exempt  by  la.w,  a  gift  of  it  to  bis  wife  is  not  a
fraud  upon  creditors.  Youmans  v.  Boomhower,  3  T.  &  C.  21.  An
absolute  conveyance,  intended  merely  as  a  security,  is  not  fraudulent
fer  se.     Bigney  v.  Tallmadge,  17  How.  656.
Including  interest  not  collectible  at  law,  but  which  is  equitably
due,  does  not  render  a  mortgage  fraudulent  as  to  creditors.  Spencer
V.  Ayrault,  10  N.  Y.  202.  An  insolvent  debtor  may  lawfully  pi-e-
fer  one  creditor  to  another  by  a  conveyance  of  property  to  secure
him.  Bishop  v.  Halsey,  13  How.  134;  Powers  v.  Graydon,  10
Bosw.  630  ;  -MoMenomy  v.  Roosevelt,  3  Johns.  Ch.  446  ;  Carpenter
V.  Muren,  42  Barb.  300  ;  Bedell  v.  Chase,  34  N.  Y.  386.  The  mere
sale  of  goods  by  a  person  in  failing  circumstances  upon  credit,  to  one
who  has  a  knowledge  of  his  condition,  is  not  a  fraud  in  law.  Loes-
chigTc  v.  Bridge,  42  IST.  Y.  421.  The  sale  by  an  insolvent  firm  of
all  its  effects,  at  a  fair  valuation,  to  a  responsible  vendee,  who  has
knowledge  of  the  vendor's  insolvency,  is  not  fraudulent  per-  se.
