Austin v. Barrows
Supreme Court of Connecticut
Action on the case for fraud; brought to the Superior Court in New Haven County. The declaration was as follows:— To answer unto Abner Austin and Elijah Gilbert, partners in business, under the name of Austin & Gilbert, in a plea of trespass on the case, whereupon the plaintiffs declare and say, that heretofore, to wit, on the 1st day of March, 1867, the said Sherman A. Barrows was justly indebted to the plaintiffs in the sum of $900, of which the sum of nearly $530 was…
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Action on the case for fraud; brought to the Superior Court in New Haven County. The declaration was as follows:— To answer unto Abner Austin and Elijah Gilbert, partners in business, under the name of Austin & Gilbert, in a plea of trespass on the case, whereupon the plaintiffs declare and say, that heretofore, to wit, on the 1st day of March, 1867, the said Sherman A. Barrows was justly indebted to the plaintiffs in the sum of $900, of which the sum of nearly $530 was evidenced by a note with the interest thereon of the said Barrows to the plaintiffs, dated April 27th, 1866, for the sum of…
1Opinion of the CourtPabdee, J.
This is an action on the case for fraud; the defendants demurred to the declaration, and the Superior Court sustained the demurrer.
The material allegations in the declaration are — that Barrows, one of the defendants, was justly indebted to the plaintiffs; that he had property liable to attachment sufficient to pay all his debts; that he conspired with the other defendants to cheat and defraud the plaintiffs and his other creditors; that with this fraudulent intent the defendants agreed that Barrows should make a colorable and collusive sale to another of the defendants of property worth more…
2Cited by26 opinions
- Santoro v. MackSupreme Court of Connecticut · 1929
- Litchfield Asset Management Corp. v. HowellConnecticut Appellate Court · 2002
- Cole v. Associated Construction Co.Supreme Court of Connecticut · 1954
- Findlay v. McAllisterSupreme Court of the United States · 1885
- Van Horn v. Van HornSupreme Court of New Jersey · 1893
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