Argall v. Cook
Supreme Court of Connecticut
Assumpsit, for goods sold; brought to the Court of Common Pleas of New Haven County. The defendant pleaded in bar a receipt of the plaintiff for a certain note, in full discharge of the indebtedness; and the plaintiff replied that the receipt was obtained by fraud and was void. The following facts were found by a committee.
Read the full summary
Assumpsit, for goods sold; brought to the Court of Common Pleas of New Haven County. The defendant pleaded in bar a receipt of the plaintiff for a certain note, in full discharge of the indebtedness; and the plaintiff replied that the receipt was obtained by fraud and was void. The following facts were found by a committee. The defendant resides in Wallingford, where he kept a store in the year 1872, and in May of that year he purchased of the plaintiff a bill of goods amounting to 1602.63, and to recover the balance claimed to be due on the bill this suit is brought. In August, 1872, the…
1Opinion of the CourtCarpenter, J.
This record presents two questions.
1. Was the receipt given by the plaintiff obtained by fraud ?
The committee finds that it was not obtained by fraud unless fraud is to be inferred from the facts stated. It will be observed that this was not a compromise with all the creditors, nor was there any agreement that all the creditors should release the defendant on the same terms in order to make the receipt binding upon the plaintiff. There was no fraud or misrepresentation in respect to the value of his assets: on the contrary it distinctly appears that the plaintiff received his full share of…
2Cases cited1 opinion
- Warren v. SkinnerSupreme Court of Connecticut · 1850
3Cited by3 opinions
- Block v. City of West Palm BeachCourt of Appeals for the Fifth Circuit · 1940
- Woodruff & Co. v. SaulSupreme Court of Georgia · 1883
- George L. Storms & Co. v. HortonSupreme Court of Connecticut · 1904