Yeager Milling Co. v. Lawler

The opinion of the Court was delivered by

Penner, J.

Plaintiff bad sold to defendant a large quantity of flour on credit, evidenced by the latter’s acceptances, amounting to $11,345, maturing at various dates in May, 1880.

*573Before the maturity of any of these acceptances, plaintiff, averring that the flour had been obtaiued by the defendant through fraud and misrepresentation, and that he was then making way with it, with the view of defrauding plaintiff, brought this suit to cancel and annul the sale, and obtained a writ of sequestration, under which 2352 barrels and 1500 sacks of flour were…