American Lumber & Mfg. Co. v. Taylor

Citations

• 137 F. 321
• 70 C.C.A. 21
• 1905 U.S. App. LEXIS 4541

Syllabus

<p>1. Pleading—Affidavit of Defense.</p> <p>An affidavit of defense, in an action by a trustee in bankruptcy to recover the value of property alleged to have been preferentially transferred to defendant by the bankrupt, which sets up that the property had been purchased from defendant, and that it had the right to rescind the sale because the bankrupt made a false statement to a mercantile agency for the purpose of deceiving wholesale dealers, is insufficient, where it is not alleged that the statement was intended to or did deceive defendant, and does not state any facts showing wherein the statement was false or fraudulent.</p> <p>2. Sale—Rescission fob Fbatjd—Right to Recover Property.</p> <p>A seller of lumber which was used by the purchasers, together with other lumber, in the construction of barges, cannot acquire any right or title to such barges by an attempted rescission of the sale for fraud.</p>