Partelo v. Harris
Supreme Court of Connecticut
Trover. The plaintiff, to prove his title to the property in question, offered in evidence a conveyance thereof to him by one Otis, in payment of a debt then due, with proof of delivery of the property. The defendants, creditors of Otis, and who had attached the property as his, claimed that the conveyance was made by him for the purpose of defrauding his creditors and in pursuance of a fraudulent combination for that purpose between him and the plaintiff.
Read the full summary
Trover. The plaintiff, to prove his title to the property in question, offered in evidence a conveyance thereof to him by one Otis, in payment of a debt then due, with proof of delivery of the property. The defendants, creditors of Otis, and who had attached the property as his, claimed that the conveyance was made by him for the purpose of defrauding his creditors and in pursuance of a fraudulent combination for that purpose between him and the plaintiff. To prove these facts they offered one Wheeler as a witness, who testified that Otis, while in possession of the property, and before its…
1Opinion of the CourtEllsworth, J.
The question made in this case we, consider as having been settled in that of Beach v. Catlin, 4 Day, 284. The evidence offered there and rejected by the court, consisted of a proposition of the grantor to a third person, to make a fraudulent deed to him, not brought home to the knowledge of the grantee. The court say: “ It was formerly the practice to admit what was said by a fraudulent grantor respecting his intent to defraud his creditors prior to the conveyance, as evidence in an action against the supposed fraudulent grantee, though he had no knowledge of it; but this practice can not be…
2Cases cited2 opinions
- Barrett v. FrenchSupreme Court of Connecticut · 1815
- Beach v. CatlinSupreme Court of Connecticut · 1810
3Cited by12 opinions
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Davis v. HemmingSupreme Court of Connecticut · 1925
- Bronson v. ThompsonSupreme Court of Connecticut · 1904
- Allen v. LynessSupreme Court of Connecticut · 1909
- Burakowski v. GrustasSupreme Court of Connecticut · 1947
7 more not listed; retrieve them via the Exa API.