Shaw v. Clark
Supreme Court of Vermont
■ This was an action of debt on judgment. Pleas, 1st, Payment — 2d, That Leighton, who really owned the debt, sold it to one J. Weeks, who discharged the defendant therefrom. Issues joined. On trial, it was admitted, that Leighton was the owner of this judgment debt.
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■ This was an action of debt on judgment. Pleas, 1st, Payment — 2d, That Leighton, who really owned the debt, sold it to one J. Weeks, who discharged the defendant therefrom. Issues joined. On trial, it was admitted, that Leighton was the owner of this judgment debt. The defendant introduced evidence to prove, that J. Weeks sent S. Weeks with'five dollars to purchase this debt, and Leighton understanding the purchase was for J. Weeks, agreed to sell the same for the five dollars, (which was afterwards paid him by S. Weeks,) and gave order on B. F. Deming, Esq. for the execution. The plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— The first question is, was the furnishing the money by the debtor, and procuring therewith a purchase of his debt, in the name and by the agency of a third person, such a fraud on the creditor as rendered the sale void. Without taking much time with this question, it at least is obvious that when a debtor furnishes the funds to a third person in his own name, to buy up the debts at a discount, it is so far fraudulent as would render the sale voidable, if the creditor chose to avoid it, as he did in this case, and offered to return the…
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- Sigler v. SiglerSupreme Court of Kansas · 1916
- Marshall v. BullardSupreme Court of Iowa · 1901
- King Metal Products, Inc. v. Workmen's Compensation BoardAppellate Division of the Supreme Court of the State of New York · 1963
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