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Reports of Cases Decided by the Supreme Court of Mississippi Volume 67

Reports of Cases Decided by the Supreme Court of Mississippi Volume 67


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ...them and taking all the risk aud trouble incident to that business for nearly a year. Brief for appellees. But mere inadequacy of consideration, if we concede the inadequacy, is no ground upon which to set aside a transfer. Especially is this true of an executed contract. 5. The court below set the sale aside entirely, and refused to uphold it even to the extent of the $1106.95 paid in good faith, every dollar of which went to creditors. Manifestly this was error. To show that the court below did not properly understand and apply the facts, the decree finds the value of the goods to be $3000, whereas Mallett in the widest range of his testimony only places the value at $2500, which was double the value of the goods. He was trying for weeks to sell them, and the price Redfield & Co. paid was the very best he could get, and he had to follow them up for two weeks to induce them to purchase. The decree should have been for defendants. Nugent & Mc Willie, for appellees. 1. The gravamen of the bill in this case is that Mallett conveyed to Redfield & Co. his stock of drugs to hinder and delay complainants, his creditors, under an agreement that they were to hold the property until he could coerce creditors to compromise; that the transfer was for a groasly inadequate sum, the real consideration being as above stated; that Redfield & Co. subsequently refused to carry out their covinous agreement and sold the goods for a large sum, which they retained, against the rights of complainants. 2. Any act to hinder and delay creditors operates as a fraud on their rights. The ultimate effect of the transaction in question was to defraud creditors. Many of the circumstances shown in connection with this contrivance are such as are universally regarded as susp...


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Product Details
  • ISBN-13: 9781231638811
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 356
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1231638818
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 635 gr

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