Legal Opinion

Kempner v. Churchill

Supreme Court of the United States

Decided December 15, 1869PublishedCited by 1 opinion

Appeal from the Circuit Court for the District of Northern Illinois, in which court, Churchill and others, merchants of New1 'tf’ork, and judgment creditors of one Levison,'filed a bill against a certain Kempner (Levison being impleaded), to set aside a purchase of a whole stock of dry goods which the bill alleged that Kempner, confederating and colluding with Levison how to cheat the complainant, and to hinder, delay, and defraud the creditors of Levison, had proposed to…

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Appeal from the Circuit Court for the District of Northern Illinois, in which court, Churchill and others, merchants of New1 'tf’ork, and judgment creditors of one Levison,'filed a bill against a certain Kempner (Levison being impleaded), to set aside a purchase of a whole stock of dry goods which the bill alleged that Kempner, confederating and colluding with Levison how to cheat the complainant, and to hinder, delay, and defraud the creditors of Levison, had proposed to purchase, and had purchased of Levison, for a greatly inadequate consideration, to wit: for fifty-five cents on the…

1Opinion of the CourtJustice Grier

It has been frequently held that fraud ought not to be presumed, but must be proved. But the evidence of it is almost always circumstantial. Neverthéless, though circumstantial, it produces conviction in the mind often of more force than direct testimony.

It would be a troublesome, as well as an unprofitable task, to examine all the very astute arguments, founded on the large mass of testimony contained in the record, to show that the court below have come to a wrong conclusion. It suffices to say that it sufficiently appears that the evidence before'the court fully justified their conclusion.

I…

2Cited by1 opinion

  1. Kempner v. ChurchillSupreme Court of the United States · 1869

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