Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 17

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 17

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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. 1847 edition. Excerpt: ...terms, is good, unless it can be impeached on the ground of actual fraud; and, in the present case, the verdict has negatived any fraud in fact. Fifthly, it has been expressly decided, that a specification is not necessary. Clark v. Mix & al., 15 Conn. R. 152. 2. That the assignment was not void, by reason of the acts done by the assignor in relation to the possession and disposition of the property subsequent to the assignment. In the first place, these acts were all done under the direction of the plaintiff, and after he had taken actual possession of the property. Secondly, the assignor was not constituted agent of the trustee for the sale and disposal of the property; and consequently, there was no violation of the act of 1837. Thirdly, the legal presumption of fraud arising from the continued possession of the assignor, is repelled, by the proof which the plaintiff has furnished, of a compliance with the requirements of the statute. Osborne v. Tuller & al., 14 Conn. R. 529. 3. That when an assignment is made in trust for the benefit of all the creditors of the assignor in proportion to their respective claims, and is duly lodged for record in the ofiice of the court of probate, and is otherwise recorded according to law, the jurisdiction of that court in the matter becomes absolute; and it cannot be interfered with, by any collateral proceedings. In the first place, such an assignment is not void. It is the very kind of assignment, which the statute declares not to be void; and unless the proceedings are void, the attachment of the defendants can not be sustained. Secondly, the remedy for fraud in fact is perfect, by appeal, or by an action on the bond, according to the circumstances of the case. Thirdly, on the construction...
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Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236830431
  • 9781236830432