Simons v. Daly

Citations

• 9 Idaho 87
• 72 P. 507
• 1903 Ida. LEXIS 9

Syllabus

<p>Sale of Personal Property — Delivery and Possession. — 1. A transfer of personal property is attacked as fraudulent under section 3021 of tlie Eevised Statutes of 1887 on the grounds that it was not “accompanied hy an immediate delivery and followed by an actual and continued change of possession of the things transferred.” Evidence examined, and held, sufficient to support a verdict and judgment upholding such transfer. 2. The determination as to what constitutes “immediate delivery” and “actual possession” is purely a question of fact, to be determined by the jury from all the evidence in each particular case. 3, Where, after examination of the evidence on appeal, the appellate court would hesitate before either saying there is or there is not sufficient evidence to sustain the verdict, the judgment will not be disturbed.</p> <p>(Syllabus by the court.)</p>