Carpenter v. McClure
Supreme Court of Vermont
Assumpsit on a note dated December 16th, 1850, for $190.00 signed by the defendant, payable to the plaintiff on demand. Plea, the general issue and three pleas in bar. The pleas in bar were traversed by the plaintiff. Trial by jury, at the June Term, 1865, Peck, J., presiding. The plaintiff read said note to the jury and rested his case.
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Assumpsit on a note dated December 16th, 1850, for $190.00 signed by the defendant, payable to the plaintiff on demand. Plea, the general issue and three pleas in bar. The pleas in bar were traversed by the plaintiff. Trial by jury, at the June Term, 1865, Peck, J., presiding. The plaintiff read said note to the jury and rested his case. The defendant’s evidence tended to show that William F. McClure, brother of the defendant, being insolvent and desirous of securing certain property from attachment by his creditors, consisting of one horse, one wagon, two sleighs, two harnesses and two…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
It is proposed to defeat the plaintiff’s action on the ground that the note in suit, which was founded upon consideration, was covinous and designed by both parties to defraud creditors. The parties to the suit are the original payee and maker of the note. Both parties to such a transaction are guilty of a statutory offence, and liable to a penalty to be recovered by a gui tarn prosecution.1 It is not less an offence because not' prohibited in terms. The penalty implies prohibition.2 It is in contravention not only of the statute but also of…
2Cases cited10 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Osborne v. MossNew York Supreme Court · 1810
- Territt v. BartlettSupreme Court of Vermont · 1849
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- Wadsworth v. HavensNew York Supreme Court · 1829
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Severance v. Knight-Counihan Co.California Supreme Court · 1947
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Becker v. BeckerSupreme Court of Vermont · 1980
- Davis v. SittigTexas Supreme Court · 1886
14 more not listed; retrieve them via the Exa API.