Cowles v. Day
Supreme Court of Connecticut
Action on the case, under the 283d section of the act with regard to civil actions. (Rev. Stat., tit. 1.) The declaration was as follows:— “ In a pipa of trespass on the case, whereupon the plaintiffs declare and say, that on the first day of June, 1860, the defendant was indebted to the plaintiffs, for goods sold and delivered, in the sum of three hundred and fifty dollars, but that the defendant, though having money and means not exempt from execution sufficient to…
Read the full summary
Action on the case, under the 283d section of the act with regard to civil actions. (Rev. Stat., tit. 1.) The declaration was as follows:— “ In a pipa of trespass on the case, whereupon the plaintiffs declare and say, that on the first day of June, 1860, the defendant was indebted to the plaintiffs, for goods sold and delivered, in the sum of three hundred and fifty dollars, but that the defendant, though having money and means not exempt from execution sufficient to discharge said indebtedness, then wholly refused to do so, though on that day thereto requested; and on the same day, with…
1Opinion of the CourtHinman, C. J.
In this action the plaintiffs, who are creditors of the defendant, seek to recover damages against him for having fraudulently assigned and conveyed away and concealed his property beyond the reach of legal process. It is, of course, an action which could not have been sustained at common law, but was first given by statute as a remedy against the frauds which it was anticipated would follow the enactment of the law abolishing imprisonment for debt.
The plaintiffs made out a very clear prima facie case under the statute. But the defendant claimed that, as he had become insolvent, and a trustee…
2Cases cited1 opinion
- Armstrong v. AyresSupreme Court of Connecticut · 1849
3Cited by5 opinions
- Findlay v. McAllisterSupreme Court of the United States · 1885
- Allen v. WoodruffSupreme Court of Connecticut · 1893
- Northern Tankers (Cyprus) Ltd. v. BackstromDistrict Court, D. Connecticut · 1997
- Atwater v. SlepcowSupreme Court of Connecticut · 1902
- Guthrie v. CroverSupreme Court of Connecticut · 1871