badges of fraud

badges of fraud
A circumstance or other fact accompanying a transfer of property that the courts recognize as an especially reliable indicator of the transferor's actual intention to hinder, delay, or defraud creditors in making the transfer. It is defined as a fact tending to throw suspicion upon a transaction, and calling for an explanation. It is a suspicious circumstance that overhangs a transaction, or appears on the face of the papers. A circumstance which does not alone prove fraud, but which warrants inference of fraud, especially where there is a concurrence of many such badges. Brennecke v. Riemann, Mo., 102 S.W.2d 874, 877.
Recognized "badges of fraud" include fictitious consideration, false statements as to consideration, transactions different from usual course of doing business, transfer of all of a debtor's property, insolvency, confidential relationship of parties, and transfers in anticipation of suit or execution. Hendrix v. Goldman, Mo., 92 S.W.2d 733, 736

Black's law dictionary. . 1990.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • badges of fraud — n. A fact or circumstance that makes it appear as if a person intends to defraud someone else in a transaction and justifies an inference of fraud; examples include transferring funds in anticipation of a lawsuit, transferring all of a debtor’s… …   Law dictionary

  • badges of fraud — A circumstance or other fact accompanying a transfer of property that the courts recognize as an especially reliable indicator of the transferor s actual intention to hinder, delay, or defraud creditors in making the transfer. It is defined as a… …   Black's law dictionary

  • fraud — An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct …   Black's law dictionary

  • fraud — An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct …   Black's law dictionary

  • indicia of fraud — Badges of fraud; circumstances such as insolvency, or heavy indebtedness on the part of a grantor, and lack of consideration which indicate, in the absence of explanation to the contrary, that a conveyance was made in fraud of creditors. 24 Am… …   Ballentine's law dictionary

  • badge of fraud — Suspicious circumstances that overhang a transaction, or appear on the face of the appurtenant papers, having evidentiary force unless the suspicion is dispelled by a satisfactory explanation. Royal Indem. Co. v McLendon, 64 NM 46, 323 P2d 1090.… …   Ballentine's law dictionary

  • badge of fraud — n. The facts or circumstances surrounding a transaction that indicate that one party is trying to hinder or defraud another party, especially a court, an opposing party in an action, or a creditor. Such badges include, among other things, the… …   Law dictionary

  • Virginia State Police — Infobox Law enforcement agency agencyname = Virginia State Police nativename = nativenamea = nativenamer = |150px formedyear = 1932 preceding1 = Virginia Division of Motor Vehicles preceding2 = dissolved = superseding = legaljuris = Commonwealth… …   Wikipedia

  • North Carolina State Highway Patrol — Abbreviation NCSHP Patch of the North Carolina State Highway P …   Wikipedia

  • Radio-frequency identification — (RFID) is a technology that uses radio waves to transfer data from an electronic tag, called RFID tag or label, attached to an object, through a reader for the purpose of identifying and tracking the object. Some RFID tags can be read from… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”