Adler v. Fenton (1860)
Adler v. Fenton (1860) 65 U.S. 407, was a case generally relied on where recovery is denied following a transfer by a debtor.
Adler v. Fenton, did not preclude recovery where there are no tortious acts by the transferees.
the Supreme Court said:
"In the absence of special legislation, we may safely affirm, that a general creditor cannot bring an action on the case against his debtor, or against those combining and colluding with him to make dispositions of his property, although the object of those dispositions be to hinder, delay and defraud creditors." It was also said:
"An act legal in itself, and violating no right, cannot be made actionable on account of the motive which superinduced it. It is the province of ethics to consider of actions in their relation to motives, but jurisprudence deals with actions in their relation to law, and for the most part independently of the motive."