Donaldson v. Farwell
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action of trover by Nathaniel Donaldson, assignee of Emanuel Mann, bankrupt, against John Y. Farwell and his partners, to recover the value of certain goods •sold by them to the bankrupt and afterwards reclaimed by them. ■ The bankrupt was, during the early part of 1S72, a merchant in Richfield, near Milwaukee, Wisconsin, and on the 4th, 5th, and 17th days of April, 1872, purchased through his son, Washington L. Mann, of the defendants, merchants in Chicago, a…
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This was an action of trover by Nathaniel Donaldson, assignee of Emanuel Mann, bankrupt, against John Y. Farwell and his partners, to recover the value of certain goods •sold by them to the bankrupt and afterwards reclaimed by them. ■ The bankrupt was, during the early part of 1S72, a merchant in Richfield, near Milwaukee, Wisconsin, and on the 4th, 5th, and 17th days of April, 1872, purchased through his son, Washington L. Mann, of the defendants, merchants in Chicago, a bill of goods amounting to $5,073.49. At the time of this sale, Mann, the bankrupt, was largely indebted and insolvent,…
1Opinion of the Court
DBUMMOND, Circuit Judge,
charged the jury as follows:
This is a ease of a sale to an insolvent person, wIiq was supposed by the vendor to be solvent, with the expectation and belief by the purchaser that the goods would never be paid for.
There were also some facts connected with the transaction which it is proper for the jury to consider, as perhaps adding evidence to what is claimed to be a fraud on the part of the vendee at the time of the sale, namely, that the bankrupt, residing at a little village some few miles from Milwaukee, where he had transacted business for several years, and where…
2Cases cited1 opinion
- Quirk v. Municipal Assistance Corp.New York Court of Appeals · 1977
3Cited by2 opinions
- Brower v. GoodyerIndiana Supreme Court · 1883
- Goodman v. SamplinerIndiana Court of Appeals · 1899