Richards, Truesdale & Co. v. Hunt
Supreme Court of Vermont
This was a petition in chancery, in which the orators set forth, that on the fourth of May, 1826, the respondent was indebted to them as partners in the sum of-dollars ; that the orators, in April, 1827, put their demands in suit, recovered a judgment in September following, took out execution, and committed the respondent to jail.
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This was a petition in chancery, in which the orators set forth, that on the fourth of May, 1826, the respondent was indebted to them as partners in the sum of-dollars ; that the orators, in April, 1827, put their demands in suit, recovered a judgment in September following, took out execution, and committed the respondent to jail. The respondent, while so committed, (their said debt being unpaid,) “ intending to deceive and defraud the orators, and to defraud them out of their just debt, falsely, fraudulently, and deceitfully, represented to the orators, that he was in insolvent…
1Opinion of the Court
After argument, the opinion of the court was delivered by
Phelps, J.
— The first inquiry in this case concerns the truth of the allegations contained in the bill. The debt and proceedings in relation to it are admitted in the respondent’s answer, and representations similar to, and indeed substantially to the purport of those charged in the bill, are also admitted. The controversy, therefore, so far as facts are concerned, is narrowed to the simple question of the truth or falsity of those representations, and the character of the several conveyances of the respondent’s property specified in…
2Cases cited1 opinion
- Phettiplace v. SaylesU.S. Circuit Court for the District of Rhode Island · 1826
3Cited by3 opinions
- Ball v. McGeochWisconsin Supreme Court · 1892
- Helms v. . HoltonSupreme Court of North Carolina · 1910
- Baxter v. DownerSupreme Court of Vermont · 1857