Donaldson v. Farwell
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of Wisconsin., Emanuel Mann, a merchant doing business at Richfield, - a small village on the St. Paul Railway, filed, May 24, 1872, his petition, in the District Court of the United States for the Eastern District of Wisconsin, to be declared a bankrupt. ’He was duly adjudged a bankrupt the sixth day of June then next ensuing, and the plaintiff was, on the first day of the following July, appointed his…
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Error to the Circuit Court of the United States for the Eastern District of Wisconsin., Emanuel Mann, a merchant doing business at Richfield, - a small village on the St. Paul Railway, filed, May 24, 1872, his petition, in the District Court of the United States for the Eastern District of Wisconsin, to be declared a bankrupt. ’He was duly adjudged a bankrupt the sixth day of June then next ensuing, and the plaintiff was, on the first day of the following July, appointed his assignee. In the- month of Apiil of that year the defendants sold, at Chicago, to Mann, on credit, merchandise…
1Opinion of the CourtJustice Davis
The instructions present the questions of law arising upon the facts which this controversy involves. The doctrine is now established by a preponderance of authority, that a party not intending to pay, who, as in this instance, induces the owner to' sell him goods on credit by fraudulently concealing his insolvency and his intent not to pay lor them, is guilty of a fraud which entitles the vendor, if no innocent third party has. acquired án interest -in them, to disaffirm the contract and recover the goods. Byrd v. Hall, 2 Keyes, 647; Johnson v. Monell, id. 655; Noble v, Adams, 7 Taunt, 59;…
2Cases cited1 opinion
- Byrd v. HallNew York Court of Appeals · 1866
3Cited by86 opinions
- In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Gregg v. Metropolitan Trust Co.Supreme Court of the United States · 1905
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Employer's Liability Assurance Corporation v. LuntArizona Supreme Court · 1957
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