Tuteur v. E. H. Chase & Co.
Mississippi Supreme Court
Appear from the circuit court of Madison county. Hon. J. B. Chrisman, Judge. The appellees, E. H. Chase & Co., were creditors of one Richards, a'retail liquor dealer in Canton. Before the payment of the debt Richards made a sale of his entire stock in trade, consisting mainly of liquors, to appellant for the alleged consideration of eleven hundred and twenty-five dollars in cash.
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Appear from the circuit court of Madison county. Hon. J. B. Chrisman, Judge. The appellees, E. H. Chase & Co., were creditors of one Richards, a'retail liquor dealer in Canton. Before the payment of the debt Richards made a sale of his entire stock in trade, consisting mainly of liquors, to appellant for the alleged consideration of eleven hundred and twenty-five dollars in cash. While the goods were in the possession of appellant, the appellees sued out an attachment against Richards and had the writ levied upon the said goods purchased by Tuteur. The latter interposed a claimant’s issue and…
1Opinion of the CourtArnold, C. J.
The thirteenth instruction asked by appellants should have been given. Its refusal, seems to rest upon the assumption that the cause might be decided against the claimant on mere suspicions of fraud. This was error. Mere suspicion on the part of Tuteur, that Richards intended to defraud his creditors, was not sufficient to put Tuteur on inquiry, or to vitiate the purchase made by him. Suspicion is not knowledge or proof, nor is it necessarily founded on evidence. It is defined by Webster to be the act of suspecting; the imagination of the existence of something without proof, or upon very…
2Cases cited6 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Jaeger v. . KelleyNew York Court of Appeals · 1873
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Pratt v. PrattIllinois Supreme Court · 1880
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3Cited by5 opinions
- In Re Estate of KenningtonMississippi Supreme Court · 1967
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- Foster v. WrightMississippi Supreme Court · 1961
- Graham v. MorganMississippi Supreme Court · 1903
- Deposit Guaranty National Bank v. KenningtonMississippi Supreme Court · 1967