Carter v. Watkins
Supreme Court of Connecticut
This was an action of trespass de bonis asportatis ; tried at Danbury, September term, 1840, before Storrs, J. The property, for the taking of which this action was brought, consisted of a quantity of Rio Grande ox horns, and combs manufactured from them, some finished and others in an unfinished state. The plaintiffs claimed this property by purchase from God-frey Shultze.
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This was an action of trespass de bonis asportatis ; tried at Danbury, September term, 1840, before Storrs, J. The property, for the taking of which this action was brought, consisted of a quantity of Rio Grande ox horns, and combs manufactured from them, some finished and others in an unfinished state. The plaintiffs claimed this property by purchase from God-frey Shultze. The defendant was a deputy sheriff, and had taken the articles as the property of Shultze, by virtue of several writs of attachment against him. The facts regarding the sale to the plaintiffs, as claimed by them, were…
1Opinion of the CourtStorrs, J.
This case was submitted to the jury on the question of fact, for them to find from the evidence, whether the sale to the plaintiffs of the property in dispute, was honest, and not for the purpose of defrauding the creditors of the vendor; accompanied with the instruction that the admitted fact, that the vendor was suffered to remain in possession of the property after the sale, was presumptive evidence of a fraudulent intent, and conclusively so, unless some good reason should appear to the satisfaction of the jury repelling such presumption. The plaintiffs, conceding the correctness of this…
2Cited by4 opinions
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- Klopp v. MooreSupreme Court of Kansas · 1870
- Hall v. GaylorSupreme Court of Connecticut · 1871
- McDonough v. PrescottSupreme Court of New Hampshire · 1883