Wickham & Goshorn v. Lewis Martin & Co.
Supreme Court of Virginia
.This was an action of trover in the Circuit court of Ohio county by Wickham and Goshorn against Lewis Martin & Co. The parties agreed, and entered of' record, to waive a trial of the issue in the cause by a jury, and to submit the same to the court, who was to determine all matters of law and fact, and to give judgment accordingly.
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.This was an action of trover in the Circuit court of Ohio county by Wickham and Goshorn against Lewis Martin & Co. The parties agreed, and entered of' record, to waive a trial of the issue in the cause by a jury, and to submit the same to the court, who was to determine all matters of law and fact, and to give judgment accordingly. Upon the trial, beside the documentary evidence, there was a large mass of parol evidence submitted in form of depositions on the part both of the plain- and the defendants, but no witnesses were exam- • bied before the court. The plaintiffs claimed under a deed…
1Opinion of the CourtSamuels, J.
I am of opinion that it is not necessary for the decision of this case, to determine what manner of fraud practiced by a vendee in obtaining goods on credit, will justify the vendor in retaining the goods and annulling the sale thereof. Whether a purchase by an insolvent vendee without intention to pay will justify reclamation by the vendor, or whether the vendor must have industriously used artifice and stratagem in the purchase to warrant such reclamation, are questions which become immaterial in this case from the fact that the goods were subsequently sold by the vendee Graff to Wickham…
2Cases cited2 opinions
- Pasley v. EnglishSupreme Court of Virginia · 1848
- Pryor v. KuhnSupreme Court of Virginia · 1855
3Cited by48 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Lewis' Adm'r v. GlennSupreme Court of Virginia · 1888
- Chapman v. ChapmanSupreme Court of Virginia · 1895
- Harden v. WagnerWest Virginia Supreme Court · 1883
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