Simon v. Levy

Citations

• 36 Fla. 438

Syllabus

<p>fraud — estoppel TO ASSAIL.</p> <p>Where a debtor makes a fraudulent sale of a stock of goods to defeat his creditors, a creditor who, after acquiring 'knowledge of such fraud, acquiesces therein, and takes no steps to impeach it, but, on the contrary, goes into partnership with the fraudulent vendee for the purpose of carrying on trade with such goods, treating the sale of such stock to such vendee as being valid, thereby inducing such vendee to alter his position by purchasing new goods from time to time to replenish said stock and to carry on the business, such acquiescing creditor will be estopped from afterwards questioning or assailing such fraudulent sale as against such vendee, though he was no party to the fraud in its incipiency. The law will not undertake to rectify one fraud by aiding a party in the perpetration of another fraud.</p>