Palmer v. Preston
Supreme Court of Vermont
Debt on a judgment recovered by the testator in his lifetime, at the September term, 1865, of Chittenden county court, against the defendant and one William Keach — upon whom process was not served in this case, and who did not appear — for the sum of twelve hundred and ninety-two dollars and twelve cents, damages and costs, upon which said judgment execution had issued and been returned unsatisfied, except as to the sum of seven dollars.
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Debt on a judgment recovered by the testator in his lifetime, at the September term, 1865, of Chittenden county court, against the defendant and one William Keach — upon whom process was not served in this case, and who did not appear — for the sum of twelve hundred and ninety-two dollars and twelve cents, damages and costs, upon which said judgment execution had issued and been returned unsatisfied, except as to the sum of seven dollars. The defendant pleaded his discharge in bankruptcy. The plaintiff replied that, on the 28th of January, 1865, the defendant and the said Keach fraudulently…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
It is conceded by the pleadings that the judgment which is in suit, was obtained upon the defendant’s contract as the drawer of the draft which the plaintiff’s testator indorsed at the defendant’s request, and afterwards was obliged to pay. It is also conceded by the pleadings that the indorsement by the testator was procured by the fraudulent representations of the defendant, but that this fraud was not the foundation of the judgment now in suit. The question presented is, whether this fraud on the part of the defendant can be set up and…
2Cases cited1 opinion
- Dyer v. TiltonSupreme Court of Vermont · 1851
3Cited by13 opinions
- New Lamp Chimney Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1876
- MacHine Co. v. Owings.Supreme Court of North Carolina · 1906
- Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
- United States Credit Bureau, Inc. v. ManningCalifornia Court of Appeal · 1957
- Goodman v. HermanSupreme Court of Missouri · 1903
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