Sisson, Potter & Co. v. Hill

Matteson, O. J.

This is an action of replevin to recover goods which the plaintiffs allege that the defendant fraudulently obtained from them under the guise of contracts of sale. The only goods with which we are concerned in the present inquiry are those obtained on September 25, 1891. For these the defendant paid the plaintiffs $50 in cash, and also gave them certain notes. The plaintiffs returned these notes to the defendant before bringing the suit, but they retained the money, claiming at the trial, that the goods replevied were less in amount than the goods obtained from them by $100.…