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32 Me. 521

Law v. Payson

Supreme Judicial Court of Maine

Decided April 15, 1851

Supreme Judicial Court of Maine · decided 1851-04-15

Replevin, of a horse and sleigh. Hunton & Greeley were co-partners in business. They owned the horse and sleigh, and Hunton sold the same to the plaintiff, taking his note payable to the firm. They were afterwards attached, as the property of the firm, by the defendant, a deputy sheriff, on a writ in favor of Reed & Co. This action of replevin was then brought. The defence was, that the sale to the plaintiff was intended to defraud creditors.

Cited by 1 later decisions — most recently October 1868

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-04-15

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Wells, J.,

¶1orally.

¶21. The proof first offered was merely to show what declarations the witness himself had previously made ; — and the —

¶32. Second offered proof was to show, not an act done, but a mere purpose of the mind. Such proofs are not admissible.

¶43. The third offered proof was to show that Hunton had, after this suit, offered to turn out to a creditor the note which the plaintiff had signed. But the transaction charged, as a fraud, had already been perpetrated. Fraud cannot be purged by subsequent honesties. Besides, it was but an offer to prove a third person’s declaration.

¶54. The judgment recovered by Reed & Co. is to be held valid until reversed, or shown to have been procured by collusion.

¶65. The statute, which exempts the horse of a debtor from attachment, cannot avail the plaintiff. It was not shown that it was the debtor’s only horse. And if it were, the sale to the plaintiff did not transfer to him the exemption.

¶76. Whether this plaintiff had knowledge of Hunton’s intent to defraud creditors, was not drawn into question at the trial, and no request was made for instructions upon that point.

¶8Exceptions overruled.

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