Shufeldt v. Pease
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. Action against Pease & Balbu for the recovery of personal property unlawfully detained. The- case was tried before a jury and a verdict was rendered for the plaintiff upon which j udgment was entered and the defendants appealed.
Read the full summary
APPEAL from the Circuit Court for Bode County. Action against Pease & Balbu for the recovery of personal property unlawfully detained. The- case was tried before a jury and a verdict was rendered for the plaintiff upon which j udgment was entered and the defendants appealed. It was claimed on the part of the plaintiff, that the defendant, Ballou, being insolvent, fraudulently purchased the goods in question of the plaintiff, with the preconceived design of not paying for them, and that he sold and delivered them to the defendant Pease in payment of a pre-existing debt which he owed Pease, and…
1Opinion of the Court
*660By the Court,
Paine, J.
The court instructed the jury, among other things, “that a person who receives goods in payment of a precedent debt, from a fraudulent vendee, that is, from a vendee who has purchased them with a preconceived design of not paying for them, being insolvent at the time, cannot hold them as against the vendor of such fraudulent vendee; that a person who takes such goods in payment of a prior indebtedness is not a bona fide purchaser.”
Assuming that the fraudulent vendee who obtained the goods in the manner specified in the instruction, would be guilty of such a fraud that…
2Cases cited4 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Gould v. SegeeThe Superior Court of New York City · 1856
- Stevens v. CampbellWisconsin Supreme Court · 1861
- McCasky v. ShermanSupreme Court of Connecticut · 1856
3Cited by17 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Sutton v. FordSupreme Court of Georgia · 1916
- Wails v. FarringtonSupreme Court of Oklahoma · 1911
12 more not listed; retrieve them via the Exa API.