Hollis v. Morris

Decided July 5, 1836

Superior Court of Delaware · decided 1836-07-05

Assumpsit for the price of a gig and harness, sold and delivered. Pleas, non-assumpsit; payment: set-off, and the act of limitation. The case was singularly circumstanced on the evidence. Admissions of the defendant that he had bought the gig were proved; and it was also proved that the plaintiff had repeatedly declared that he had not sold the gig to defendant, but had hired it to him.

Decided 1836-07-05

The Court

¶1 charged,

¶2 1st. That the former recovery was conclusive on all subjects and causes of action that might have been included in the former suit, unless the plaintiff shows by proof, that the matter now sued for, was not in fact included in that action. 16 Johns. Rep. 136; 2 Ibid.

¶3 2d. That if the gig was placed with the defendant by plaintiff, to defraud his creditors, and there was no actual bona fide sale of it, the plaintiff is not entitled to the aid of a court of justice to recover it back.

¶4 Yerdict for defendant