Gitterman & Co. v. Lynn Modern Shoe Co.

The defendant’s exceptions raise two questions of law, — 1. was there evidence to sustain the findings of fact? and 2. do the findings furnish a sufficient basis for the order for judgment?

1. With reference to the first question, the defendant argues as follows: “The court had no evidence before it as to when the contract of sale between the plaintiff and defendant was entered into, much less of the defendant’s financial condition at the time such contract was made. ... There is no evidence that even if the defendants were insolvent that they had knowledge of such.”

It is true that the…