Kraus v. Thompson
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Hennepin county against defendant, as sheriff of that county. They allege in their complaint a sale by them of certain lots of furniture to one George A. Badger,on credit; that Badger bought the goods with the fraudulent intention of not paying for them; that at the time of the purchases, Badger was insolvent and irresponsible^ but concealed these facts from plaintiffs; that immediately upon learning these facts, the…
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Plaintiffs brought this action in the district court for Hennepin county against defendant, as sheriff of that county. They allege in their complaint a sale by them of certain lots of furniture to one George A. Badger,on credit; that Badger bought the goods with the fraudulent intention of not paying for them; that at the time of the purchases, Badger was insolvent and irresponsible^ but concealed these facts from plaintiffs; that immediately upon learning these facts, the plaintiffs disaffirmed and rescinded the sales, and notified Badger and defendant; that defendant levied upon the…
1Opinion of the Court
MrmiKi.r,, J.*
The question presented by this case for consideration is this: Does the fact that a vendor of goods, in ignorance of fraud on the part of his vendee sufficient to authorize a rescission of a sale, has obtained judgment against his vendee for the purchase price of the goods, amount to an affirmance or ratification of the contract of sale, so as to preclude him from subsequently rescinding, upon discovery of the frauds It is proper to remark that the court below, in deciding this question in the affirmative, fortifies his decision by the suggestion that, although the evidence…
2Cases cited2 opinions
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Pratt v. PhilbrookSupreme Judicial Court of Maine · 1856
3Cited by9 opinions
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Crooks v. NippoltSupreme Court of Minnesota · 1890
- Parsons v. McKinleySupreme Court of Minnesota · 1894
- Blythe v. KujawaSupreme Court of Minnesota · 1929
- Digital Resource v. Abacor, Inc. (In Re Digital Resource, LLC)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
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