Henshaw v. Bryant

Citations

• 5 Scam. 96

Syllabus

<p>Appeal from Peotia.</p> <p>1. Vendor and vendee — vendor's lien. Where a person who knows himself to be insolvent, by means of fraudulent pretences or representations, obtains possession of goods under a pretence of purchase, with the intention not to pay for them, and with the design to cheat the vendor out of them, a court of chancery will set aside the sale, and order a return of the goods, if they have not passed into the hands of a Iona fide purchaser, or the vendor may bring a replevin or trover, (a) </p> <p>2. Same — fraud in purchase. In order to set aside a sale of goods for fraud in the purchaser, such a case must be made out as would authorize a jury to convict the purchaser of obtaining the goods under false pretences. In such a casethe quo animo with which purchases are made, whether the purchaser expected or intended to pay for the goods when he purchased them, or whether he intended to cheat the vendor out of them, is the very gist of the fraud, (b) </p> <p>3. Same — -insolvent vendee. While a man is really struggling against adversity, with an honest intent to retrieve his fortunes, the law will not declare him incapable of purchasing goods on a credit, although he does not disclose to his vendor the extent of his embarrassments.</p> <p>4. Same — -false pretences. Semble, That to sustain an indictment for obtaining goods under false pretences, it should appear that the means used to deceive and defraud were such that a man of ordinary prudence might have become the dupe of the deception.</p> <p>5. Evidence — false pretences. What circumstances will not amount to proof of an intent to obtain goods under fraudulent pretences; and under what circumstances a witness will not be considered credible.</p>