M. Dean & Co. v. Zenor

The plaintiffs are wholesale merchants, and they sold a bill of goods to one Nichols, a retail dealer. It appears that Nichols was insolvent. Some time after the goods were sold, the stock in trade of Nichols was attached for debt by a writ in the hands of the defendant, as sheriff. The cause of action set out in the petition is that Nichols was insolvent when he purchased the goods of plaintiffs, and that plaintiffs were ignorant of the fact; that Nichols represented that he was solvent, and able to pay for the goods purchased; that the representations were false, and that they were made for…