Chisolm v. S. B. Chittenden & Co.
Supreme Court of Georgia
Claim. Fraudulent Purchase. Evidence. Mortgage. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. On the 18th of September, 1868, E. H. Muse gave his promissory note to Willis P. Chisolm and Fortune N. Chisolm, for $12,146 50, due one day thereafter.
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Claim. Fraudulent Purchase. Evidence. Mortgage. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. On the 18th of September, 1868, E. H. Muse gave his promissory note to Willis P. Chisolm and Fortune N. Chisolm, for $12,146 50, due one day thereafter. And, to secure it, he mortgaged to them his “ entire stock of dry goods, consisting of silks, satins, calicoes, ribbons, bombazines, poplins, muslins, hats, shoes, boots, bonnets and all other articles of merchandise, belonging to and embraced in the stock of dry goods contained in the store-room ” occupied by himself, on Whitehall…
1Opinion of the Court
Montgomery, Judge.
The defendant in fi. fa., Muse, mortgaged a stock of goods in Atlanta, worth $7,000 to plaintiffs in fi. fa., in September, 1868. Shortley after, he went to New York, and by false representations as to his financial standing, (as the jury must have found to justify their verdict under the charge of the Court, though Muse swore he made no such statements,) induced the claimants to sell him some $900 worth of goods, for which he paid one-third cash. By this purchase from the claimants, and other purchases, the goods in the store which contained the mortgaged goods, were…
2Cited by6 opinions
- Lamar v. Coleman, Ray & Co.Supreme Court of Georgia · 1892
- Dupriest v. Bennett BrothersCourt of Appeals of Georgia · 1940
- In re BurrowsDistrict Court, D. Indiana · 1877
- Peoples Credit Clothing Co. v. Scottish Union & National InsuranceCourt of Appeals of Georgia · 1936
- Tolerton & Stetson Co. v. PetrieSouth Dakota Supreme Court · 1900
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