Leedom v. Earls Furniture & Carpet Co.
Utah Supreme Court
Appeal from the District Court of the Third Judicial-District. Hon. George W. Bartch, Judge. Action in claim and delivery by Thomas L. Leedom, Charles L. Leedom, Samuel Thomas and James W. Lynd, co-partners, etc., against the Earls Furniture and Carpet Company, a corporation, and I. A. Benton, United States marshal for Utah territory. From a judgment for plaintiffs, and from an order denying a new. trial, defendants appeal.
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Appeal from the District Court of the Third Judicial-District. Hon. George W. Bartch, Judge. Action in claim and delivery by Thomas L. Leedom, Charles L. Leedom, Samuel Thomas and James W. Lynd, co-partners, etc., against the Earls Furniture and Carpet Company, a corporation, and I. A. Benton, United States marshal for Utah territory. From a judgment for plaintiffs, and from an order denying a new. trial, defendants appeal. “In all investigations .of questions involving fraud, the courts extend an exceptional liberality to the admission of evidence.” 2 Rice on Ev. pp. 953-4; Zerle v, Miller,…
1Opinion of the Court
Smith, J.:
This is an action by the plaintiffs against the Earls Furniture & Carpet Company, a Utah corporation, and I. A. Benton, as United States marshal, for the recovery of certain goods sold to the defendant company during the summer and fall of 1892, alleging that when the defendant company purchased the goods it was insolvent, and purchased the goode with the intention at the time of the purchase not to pay for the same. The defendant I. A. Benton, United States marshal, who had taken the property under execution issued upon judgments by confession of the Earls Furniture & Carpet…
2Cases cited8 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Castle v. BullardSupreme Court of the United States · 1860
- Butler v. WatkinsSupreme Court of the United States · 1872
- Hopkins ex rel. Williams v. SievertSupreme Court of Missouri · 1874
- Hess v. WhiteUtah Supreme Court · 1893
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3Cited by3 opinions
- Wingate v. RenderSupreme Court of Oklahoma · 1916
- Henry v. CollierSupreme Court of Oklahoma · 1917
- Jackson v. CleageSupreme Court of Oklahoma · 1943