In re Hildebrant

Citations

• 120 F. 992
• 1903 U.S. Dist. LEXIS 386

Syllabus

<p>1. Sales — Fraud—Remedies of Seller.</p> <p>Where a sale of goods was induced by fraudulent representations as to the buyer’s solvency, the seller, on learning of the fraud, may dis-affirm the contract, and retake such of his property fraudulently obtained as he may be able to find in the buyer’s possession, and also maintain an action against the buyer for the value of the goods not found</p> <p>2. Bankruptcy — Claims — Fraudulent Purchases — Demand for Goods— Election of Remedies.</p> <p>Where a claimant for goods obtained by a bankrupt under fraudulent representations as to his solvency filed a claim with the trustee for the goods sold and delivered under the contract, but not for the value of goods obtained by fraud, or for damages sustained by the fraud, he thereby elected to affirm the contract, and could not split his demand, and at the same time file a claim for a return of part of the goods sold, remaining in the bankrupt’s possession at the time of the filing of his petition.</p>