Morrill v. Blackman
Supreme Court of Connecticut
Replevin for goods unlawfully detained; brought to the Court of Common Pleas of New Haven County, and tried to the jury, on the general issue, before Robinson, J. The goods in question had been purchased by the defendant of the plaintiff, and the latter claimed that they had been obtained by fraud.
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Replevin for goods unlawfully detained; brought to the Court of Common Pleas of New Haven County, and tried to the jury, on the general issue, before Robinson, J. The goods in question had been purchased by the defendant of the plaintiff, and the latter claimed that they had been obtained by fraud. On the trial the plaintiff claimed, and offered evidence to prove, that he had had business dealings with the defendant for several years before the sale of the goods in question; that in the fall of 1873 the defendant, being then insolvent, represented to him that he was worth from $4,000 to…
1Opinion of the Court
Park, 0. J.
At the request of the plaintiff the court below charged the jury as follows :—“If an insolvent, who is carrying on business with knowledge that he can no longer continue it, and that his property is liable at any moment to be taken by his creditors, and that in that event he will not be able to pay for goods purchased on new credit, purchases goods upon credit without disclosing the circumstances to the vendor, his willful concealment thereof amounts to fraud, and his assignment passes no title to such goods to his assignee, and the vendor is entitled to his goods.”
We think this…
2Cited by14 opinions
- People ex rel. Ellis v. HealyIllinois Supreme Court · 1889
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1923
- Watson v. SilsbyMassachusetts Supreme Judicial Court · 1896
- Lee v. SimmonsWisconsin Supreme Court · 1886
- Swift v. RoundsSupreme Court of Rhode Island · 1896
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