Wallace, Elliott & Co. v. Cohen
Supreme Court of North Carolina
Civil action, tried upon demurrer at Spring Term, 1892, of CuaveN Superior Court, Brown, J., presiding. The material parts of the complaint and record are as follows: 2. That the defendant W. H. Cffien, on the __ day of_ purchased from the plaintiffs the goods, wares and merchandise fully described and set out in the affidavit of plaintiff filed in the action for the recovery of said property, which said affidavit is referred to for a full and definite description of the…
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Civil action, tried upon demurrer at Spring Term, 1892, of CuaveN Superior Court, Brown, J., presiding. The material parts of the complaint and record are as follows: 2. That the defendant W. H. Cffien, on the __ day of_ purchased from the plaintiffs the goods, wares and merchandise fully described and set out in the affidavit of plaintiff filed in the action for the recovery of said property, which said affidavit is referred to for a full and definite description of the same, and hereby made a part and parcel of this complaint for a description of the property aforesaid. 3. That at the time…
1Opinion of the Court
Shepheud, J.:
“ A\r. PI. Cohen was insolvent, and well knew of his insolvency at the time of his purchase, and fraudulently concealed his said insolvency from plaintiffs by falsely representing to them his financial condition to be largely in excess of all liabilities existing at the time of such representation, and at such time not having the iniention of paying for the goods purchased.”
The foregoing facts bring the case within the principle of Wilson v. White, 80 N. C., 281; Des Farges v. Pugh, 93 N. C., 35; Donaldson v. Farmer, 93 U. S., 361, and 1 Benjamin on Sales, § 571. According to…
2Cases cited13 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Norton v. SwitzerSupreme Court of the United States · 1876
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- McDowell v. LockhartSupreme Court of North Carolina · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Erskine v. . Motors Co.Supreme Court of North Carolina · 1923
- Erskine v. Chevrolet Motors Co.Supreme Court of North Carolina · 1923
- Sykes v. EverettSupreme Court of North Carolina · 1914
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