Woodward & Perkins v. Barnes
Supreme Court of Vermont
Case. The declaration was as follows: “ Eor that whereas, before, <&c., at &c., the said Merritt had given the said plaintiffs notice and charged them not to sell and deliver goods and chattels to his wife, the said Mary, upon the credit of him the said Merritt, yet the said Mary, well knowing the premises, thereafterwards, on The defendants demurred to the declaration, for that the fraud of the said Mary alleged therein, was directly connected with, and a part and parcel…
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Case. The declaration was as follows: “ Eor that whereas, before, <&c., at &c., the said Merritt had given the said plaintiffs notice and charged them not to sell and deliver goods and chattels to his wife, the said Mary, upon the credit of him the said Merritt, yet the said Mary, well knowing the premises, thereafterwards, on The defendants demurred to the declaration, for that the fraud of the said Mary alleged therein, was directly connected with, and a part and parcel of, the alleged contract of the said Mary, and was the alleged means of effecting said contract; and because the alleged…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This action is brought to compel payment for certain goods sold and delivered to the defendant Merritt Barnes’ wife. It is admitted in the declaration that the husband, before the sale and delivery of the goods, had given the plaintiffs notice not to sell and deliver goods to his wife ; and that he had, at all times, furnished her and her children with the necessaries of life, agreeably to her and their station, or the means or money wherewith to procure the same.
It was held in the suit between the plaintiffs and the husband, 43 Yt. 330, that,…
2Cases cited2 opinions
- West v. MooreSupreme Court of Vermont · 1842
- Morrill v. AdenSupreme Court of Vermont · 1847
3Cited by8 opinions
- Graham v. TuckerSupreme Court of Florida · 1908
- Rowley v. ShepardsonSupreme Court of Vermont · 1910
- Wiley v. First National BankSupreme Court of Vermont · 1875
- Potter v. Florida Motor Lines, Inc.District Court, S.D. Florida · 1932
- Ferguson v. NeilsonSupreme Court of Rhode Island · 1890
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