Patton v. Campbell

Citations

• 70 Ill. 72

Syllabus

<p>1. Chanceby jurisdiction—on ground of accident. It is not every case of accident which will justify the interposition of a court of equity. The jurisdiction will be maintained only where a court of law can not grant equitable relief, and where the party has a conscientious title to relief.</p> <p>2. Same—on loss of sealed instrument. In the case of lost instruments under seal, equity will take jurisdiction, for the reason that, until recently, no remedy could be had on such instruments in a court of law, because no profert could be made.</p> <p>3. Rescission—of sale for fraud. If a party, knowing himself to be insolvent or in failing circumstances, by means of fraudulent pretenses or representations, purchases goods, with the design to cheat the vendor out of the same, the latter may rescind the sale for fraud, and recover the goods by replevin, if they have not passed into the hands of innocent purchasers.</p> <p>4. Where the only untrue representations made by a purchaser of goods were, that he had purchased and could purchase of a certain firm on four months’ credit, and thereby obtained one more month’s credit, and it did not appear that he was insolvent at the time, or in failing circumstances, though within two months afterwards he became an invol untary bankrupt: Held, that the vendor had no right to rescind the sale and recover back the goods in replevin.</p>