Atwater v. Slepcow
Supreme Court of Connecticut
Action by a creditor against his debtor to recover damages for concealing or withholding property from attachment so that it could not be taken by legal process, brought to the Court of Common Pleas in New Haven County and tried to the court, Hubbard, J.; facts found and judgment rendered for the plaintiff for $308 damages, and appeal by the defendant for alleged errors in the rulings of the court. The complaint contains three counts.
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Action by a creditor against his debtor to recover damages for concealing or withholding property from attachment so that it could not be taken by legal process, brought to the Court of Common Pleas in New Haven County and tried to the court, Hubbard, J.; facts found and judgment rendered for the plaintiff for $308 damages, and appeal by the defendant for alleged errors in the rulings of the court. The complaint contains three counts. The first alleges that the defendant, while-owing the plaintiff $277.40, removed and concealed certain goods with intent to prevent them from being taken by…
1Opinion of the CourtHall, J.
By the Act of 1842 imprisonment for mere indebtedness was abolished, but the right to enforce, by imprisonment of the debtor’s body, the collection of a debt in respect to which he has been guilty of the acts of fraud, or some of them, described in § 1347 of the General Statutes, still remains. Fraud is the gist of the action provided by the statute, but it is fraud in respect to a debt. The real purpose of the action is the collection of the debt, and the judgment, if in favor of the plaintiff, should be not for the value of the estate which the plaintiff, by reason of the defendant’s act,…
2Cases cited1 opinion
- Cowles v. DaySupreme Court of Connecticut · 1862
3Cited by3 opinions
- Farley-Harvey Co. v. MaddenSupreme Court of Connecticut · 1927
- Allen v. LynessSupreme Court of Connecticut · 1909
- Morrison v. MartinSupreme Court of Connecticut · 1911