Legal Opinion

Phinney v. Holt

Supreme Judicial Court of Maine

Decided July 1, 1862PublishedCited by 1 opinion

Exceptions from the ruling of Davts, J. 'This was an action of trover for goods. It appeared by testimony introduced by plaintiffs, if believed by the. jury, that Robért Potter of Wilton, on the afternoon of the first day of July, 1861, purchased for cash of the plaintiffs the goods described, which were sent in the ordinary course of business to the railroad depot, to be transported to Potter at Wilton, with a bill of the goods; that during the same afternoon, he purchased…

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Exceptions from the ruling of Davts, J. 'This was an action of trover for goods. It appeared by testimony introduced by plaintiffs, if believed by the. jury, that Robért Potter of Wilton, on the afternoon of the first day of July, 1861, purchased for cash of the plaintiffs the goods described, which were sent in the ordinary course of business to the railroad depot, to be transported to Potter at Wilton, with a bill of the goods; that during the same afternoon, he purchased for cash, goods of Charles McLaughlin & Co., and of J. W. Perkins & Co., and of Charles E. Jose, all of Portland; that…

1Opinion of the Court

The opinion of the Court was drawn up by

Walton, J.

When the question to be determined is whether a person has conveyed away his property with the fraudulent design of avoiding the payment of his debts, very little if any aid can be derived from an inspection of the written instruments of conveyance. Such writings are often made for the very purpose of concealing the fraud, and, if produced, would tend to aid rather than detect it. A searching cross-examination of the guilty parties is one of the most efficient modes of unveiling such transactions, and the evidence thus obtained is often…

2Cases cited7 opinions

  1. Keene v. MeadeSupreme Court of the United States · 1830
  2. Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
  3. Southwick v. StevensNew York Supreme Court · 1813
  4. Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
  5. Waller v. CralleCourt of Appeals of Kentucky · 1847

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Small v. GilbertDistrict Court, D. Maine · 1932

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