Legal Opinion

Reynolds & Wires v. French

Supreme Court of Vermont

Decided August 15, 1839PublishedCited by 1 opinion

This was an action of assumpsit on sundry promissory notes including general counts. ■ Plea, non assumpsit, and trial by jury.

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This was an action of assumpsit on sundry promissory notes including general counts. ■ Plea, non assumpsit, and trial by jury. The plaintiffs sought to recover about the sum of two hundred and twenty dollars remaining unpaid upon the notes declared upon, which notes, it was admitted, had been delivered up by the plaintiffs to the defendant, to be cancelled, before the commencement of this action, but so delivered up, as the plaintiffs insisted, in consequencé of the false and fraudulent representations of the defendant, as to the disposition of his property, and as to his ability to pay the…

1Opinion of the Court

The opinion of the court was delivered by

Collamer, J.

The plaintiffs insisted, and gave evidence tending to prove, that the fraud practised on them, and by which they were induced to give up the notes, upon part payment, was this ; that the defendant, French, stated to them that he had turned out all his attachable property in security or payment of his other debts, leaving nothing on which the plaintiffs could levy. They also gave evidence tending to prove, that a part of French’s attachable property had been turned out and delivered to persons who had no debts, colorably and upon secret…

2Cited by1 opinion

  1. Maclary v. ReznorCourt of Chancery of Delaware · 1870

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