Frank, Herman & Co. v. Robinson
Mississippi Supreme Court
Appeal from the Chancery Court of Lauderdale County. Hon. Sylvanus Evans, Chancellor. The case is stated in the opinion of the court. 1. The goods of the appellants, having been obtained by false and fraudulent pretences, with no intention on the part of Baum & Co. to pay for them, did not pass ; that is, the property did not pass, and only a surreptitious possession was obtained.
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Appeal from the Chancery Court of Lauderdale County. Hon. Sylvanus Evans, Chancellor. The case is stated in the opinion of the court. 1. The goods of the appellants, having been obtained by false and fraudulent pretences, with no intention on the part of Baum & Co. to pay for them, did not pass ; that is, the property did not pass, and only a surreptitious possession was obtained. Consequently, the appellants promptly, upon discovery of the fraud, had the right to reclaim them, except as against an innocent purchaser for value. Donaldson, assignee, v. Farwell, 93 IT. S. 631; Des Fargesy.…
1Opinion of the CourtCooper, C. J.
On the 21st of September, 1881, Baum & Co. made an assignment for the benefit of their creditors to Robinson and Wright, assignees. On the 25th of September, Jaffrey & Co., exhibited their bill in the chancery court of Lauderdale County, attacking the assignment as fraudulent and void, and seeking to subject the property assigned to the payment of their demand. Their bill is of a double aspect and the prayer is that the assignment be declared void and the goods appropriated to the payment of their debt; but if upon hearing it should be made to ap*167pear that the assignment was made in good…
2Cases cited7 opinions
- Paine v. Hall Safe & Lock Co.Mississippi Supreme Court · 1886
- Gumbel v. KoonMississippi Supreme Court · 1881
- Bliss v. CottleNew York Supreme Court · 1860
- Dodds v. PrattMississippi Supreme Court · 1886
- Shannon v. BlumMississippi Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Campbell Paint & Varnish Co. v. HallMississippi Supreme Court · 1923
- Crump v. HillCourt of Appeals for the Fifth Circuit · 1939
- Ouilette v. DavisMississippi Supreme Court · 1892
- Fidelity & Deposit Co. of Maryland v. B. F. Sturtevant Co.Mississippi Supreme Court · 1905
- Goodbar & Co. v. KnightMississippi Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.