Public-domain · open source
OpenJurist

75 Mass. 97

Wiggin v. Day

Massachusetts Supreme Judicial Court

Decided September 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-09-15

<p>A person who by the form of a sale fraudulently obtains possession of chattels, with the intent never to pay for them, has no property which his attaching creditor can hold against the vendor.</p> <p>In replevin of goods on the ground that they were obtained by the defendant from the plaintiff by fraud, evidence of other similar frauds practised by the defendant upon third persons about the same time is competent evidence.</p>

Relies on Buffington v. Gerrish

Decided 1857-09-15

Metcalf, J.

¶1As we understand these exceptions, the case was tried on the question whether Brastow obtained the wagons from the plaintiff by fraud, and the jury found that he did. Brastow, therefore, acquired no property in the wagons, which his attaching creditor can hold against the plaintiff. Buffington v. Gerrish, 15 Mass. 156. Ayers v. Hewett, 19 Maine, 281. Bussing v. Rice, 2 Cush. 48. The instruction as to the defendant’s justifying under a writ of attachment, was therefore immaterial, and not a subject of exception.

¶2The evidence of other frauds practised by Brastow, about the same time, was rightly admitted, according to the decision in Rowley v. Bigelow, 12 Pick. 307. Exceptions overruled.

/75/mass/97 · .json · Public domain