Hall v. Tuttle
New York Supreme Court
This was an action of replevin for a sloop, tried at the Green circuit, in October, 1829, before the Hon, William A. Duee then one of the circuit judges.
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This was an action of replevin for a sloop, tried at the Green circuit, in October, 1829, before the Hon, William A. Duee then one of the circuit judges. The sloop was taken possession of by a deputy of the defen(jant} wjj0 wag s}ier¡fF 0f the county of Green, on the 19th May, 1826, by virtue of an execution against one J ames Hatch; the plaintiff replevied the vessel, and the principal question, on the trial of the cause, was, whether the title to the vessel was in him or in Hatch. . The following facts appeared in evidence : Hatch was desirous to purchase a sloop, and solicited Hall to…
1Opinion of the Court
By the Court, Savage, Ch. J.
By the verdict of the jury
the question of actual fraud is decided in favor of the plaintiff; the transaction must therefore be considered fair and honest, and the only point of the court to determine is, whether the circumstances of the case are such as to render it fraudulent in law, where there is no fraud in fact.
Fraud consists in doing some act with an intent to injure some person; an act, lawful in itself, becomes unlawful, if done with an intention to deceive and defraud. “ Strictly speaking,” said Mr. Senator Spencer, in Seward v. Jackson, 8 Cowen, 435, “…
2Cases cited2 opinions
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- Mauldin v. MitchellSupreme Court of Alabama · 1848
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