The Common Law Reports [1853-1855]; Reports of Cases Argued and Determined in All the Superior Courts of Common Law Together with Cases Carried by Writs of Error from Those Courts to the Exchequer Chamber, or Thence by Volume 2, PT. 1

The Common Law Reports [1853-1855]; Reports of Cases Argued and Determined in All the Superior Courts of Common Law Together with Cases Carried by Writs of Error from Those Courts to the Exchequer Chamber, or Thence by Volume 2, PT. 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...being such other creditors. The transaction had an outside appearance different from its own intrinsic nature. The intention of the parties is represented to have been one thing when it really was another. Another material result would be to delay and defeat creditors; in which case the transaction was void within the Act of Elizabeth, and a fraudulent transfer within the Law of Bankruptcy. The defendant, therefore, is liable. Vith respect to the amount of damages, this is an action founded on a tort; and though, if the defendant had tendered himself to be examined at the trial, and satisfied the jury that he told the whole truth, possibly we might have seen that there was a hardship in making the defendant pay the whole amount he received upon his sale of the goods, without deducting what he paid to the execution creditors; we cannot now tell whether it were so or not. He could only have declined to be examined, because he knew that on the whole transaction it would have appeared still more plainly that he was liable for the whole amount. WILLIAMS J. There was evidence that the bill of sale had an ulterior object beyond that expressed upon the face of it; in other words, that it was a secret trust to protect all the property against other creditors until he arranged his affairs, and, according to Tw/ne's Case, it was within the statute of Elizabeth. It makes no difference that the party had not a direct intent to defraud creditors. The deed being void, it is unnecessary to consider whether it was fraudulent as against subsequent creditors, although the authorities are in favour of the latter proposition. I think there was no misdirection, and that the verdict was quite satisfactory. CRESSWELL J. No man can doubt what the true facts...show more

Product details

  • Paperback | 444 pages
  • 189 x 246 x 23mm | 789g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236920651
  • 9781236920652