Adler v. Apt
Supreme Court of Minnesota
Appeal by defendant Ealph Eees from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial. The case is stated in the opinion. The declarations of Jennie Apt, made subsequent to the sale, are not competent to prove the conspiracy.
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Appeal by defendant Ealph Eees from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial. The case is stated in the opinion. The declarations of Jennie Apt, made subsequent to the sale, are not competent to prove the conspiracy. Hathaway v. Brown, 18 Minn. 373, (414, 428;) Cuyler v. McCartney, 40 N. Y. 221; Gillespie v. Walker, 56 Barb. 185; Lor more v. Campbell, 60 Barb. 62; Lee v. fluntoon, Hoffman, Ch. 447; Abbott on Trial Evidence, 740, 741. Ordinarily a sale cannot be impeached by the subsequent declarations of the vendor. The court will,…
1Opinion of the CourtDickinson, J.
Action in the nature of a creditor’s bill, to set aside a pretended sale of a stock of merchandise by the defendant Jennie Apt, a judgment debtor of the plaintiffs, to the defendant Eees, upon the ground that the transaction was effected pursuant to a conspiracy between the said defendants to cheat and defraud the creditors of said Jennie Apt; that it was without consideration, and was fraudulent as to such creditors. Upon the trial the court received in evidence certain declarations made by the defendant Jennie Apt subsequent to the alleged sale. Such declarations consisted of a narration of…
2Cases cited4 opinions
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Bennett v. PhelpsSupreme Court of Minnesota · 1867
- Seager v. BurnsSupreme Court of Minnesota · 1860
- Bradley v. GamelleSupreme Court of Minnesota · 1862
3Cited by6 opinions
- Crispo v. ConboySupreme Court of Minnesota · 1922
- Carson v. HawleySupreme Court of Minnesota · 1901
- Sons v. SonsSupreme Court of Minnesota · 1920
- Smith v. CraneSupreme Court of Minnesota · 1885
- State v. Van AlstineSupreme Court of Minnesota · 1975
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