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Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 93)

Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 93)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Goodwin v. Tuttle, 70 Or. 424, 432 (141 Pac. 1120); Galbraith v. Oklahoma State Bank, 36 Okl. 807 (130 Pac. 541); Calkins v. Howard, 2 Cal. App. 233 (83 Pac. 280); Joplin Supply Co. v. Smith, 182 Mo. App. 212 (167 S. W. 649, 654); Giants v. Gardiner, 40 R. I. 297 (100 Atl. 913, L. R. A. 1917F, 226, 228). When a transfer of property is fraudulent as to the creditors of the seller certain remedies are available to the creditors and those remedies are made available because of the fraud. If fraud is the element which determines the right of the creditor to a remedy then on principle the same remedy which would afford relief against actual or common-law fraud should be equally available for relief against conclusively presumed or statutory fraud. It is true that moral turpitude is present in one instance and is absent in the other and yet fraud is present in each instance; and it is the presence of this fraud that confers the right to relief and, as was said in Rothchild Bros. v. Trewella, 36 Wash. 679 (79 Pac. 480, 104 Am. St. Rep. 973, 68 L. R. A. 281). We can discover no logical distinction between the different classes of conveyances which the common and statutory laws declare fraudulent. The remedy afforded an injured creditor must, upon principle, be the same in all cases, unless the legislature has provided a different remedy. If a transfer is fraudulent it makes no difference whether it is common law or statutory fraud; for in either event the general rule is that the creditor who has not reduced his claim to a judgment against the seller and debtor or has not obtained a lien cannot sue the purchaser directly, as on a personal liability: Roth- child Bros. v. Trewella, 36 Wash. 679 (79 Pac. 480, 104 Am. St. Rep. 973, 68 L. R. A. 281); Morton v. Denham,39 Or. 227, 240 (...


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Product Details
  • ISBN-13: 9781458967596
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 230
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 145896759X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 417 gr


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