, 1859-05-25
LEGAL INTELLIGENCE.
interesting C4Be~.-FfaudRlent and
Conditional Sale.

!" Circuit Court Of Cook County. Beors Eo,.
JosKPn DAekHAcs Er Al. AMI JonS L. W11sos.
Er Al.
This waa an action hy rcpleyln instituted by
the plaintiffs on the ."th day Of May, 1858, for
&l5o0
The eyidencc showed that D. 3. DcForest. on
tue 18th Of April, 1858. being in Philadelphia,
stated and represented to the plaintiffs and var-
nus other parties that he was worth large
amount Of property; that be owned houst.
and lot worth 5000 that he was an alderman,
OF Chcago; that he owned half Of the Revere
House; that be had *ls,ooo over nil liabilities,
sold lin carriages to the value OF $l66': that
subsequently be wrote for two more, which l,..
said hc would pay cash for, and which were for-
wardea on tho 18th day Of May, and were at-
tached on the 18th as the property Of oue Rob-
ert Mckinstrr; that on the l9th Of Mar De F. was
arrested tor setting fire TO bis house on the :tl
May: thBt De F. had been an agent for Mex.
ia this city; that Mex. had paid rent for tic
store occupied by De +. and was the tenant in
fact; that Mex. was in Chicago on the 10th Of
May; that one Of the Plaintiff : arrived here IN
tue ]7th Of May; and rcplevied the carr!azes
on the Goth; that all DeForest's statements
were false; that he was insolyent ut the time
same never came into the Possession Of either
DeFotest or Mckinstry but passed frnn1
the rallrosl to the sheriff's hands on the writ
attachment, and that the freight was pAid bv
the plaintiff IN attachment By the defence, that
DE Forest conveyed the carriages in question.
aad some others, Oh the 10Th dny Of May, 1873,
to Mchinstrr; that he also conveyed all flis pro-
perty. ofcycry description, to Mckinstry, on the
same day that there we're two bills Of sale ex-
ecuted by DE Forest. and that the consideration
of the couseyance Of the carriages in question
was &, 800 advanced By McKiDst1J to Hon. u.
stuart and K. s. K1ackwell, Esq., for defend
inE De Forest-one thousand dollars to Stuart
nnd dve hundred to Blackwell-that Dc Forest
owed Mckinstry $s2 .ooo The bill Of sale va.
offered in evidence by the defendant.
The following are some Of the instructions
given:
For tA> Pzaint:f:-If the jury believe from
the evidence that Dayid B. De Forest with intent
" by color OF any false token or writing, Or hy
any tal*e pretenee whatsoever. obtain from the
plaintiff the carriages in question, aud if they
further believe from tue evidence that Robert
Mckinstry, Jr., had notice OF the manner in
which or means by which the plaintiff s were
induced to sell said carriages to De For
s.',, or was so situated that it was
his duty to have known the same, then the pIain-
TINS are entitled to recover. The general rule
IS that when purchaser las sufficient inforu,-
ion to put him upon inquiry and to lead him to
the knowledge Of fact. the law imposes tue
'iuty Of inquiry upon him. and lie shall be
deemed de- coentzant Of the fact: whether he mak.s
S12; Id $ll aud 3l7; u Pick s07: Duer, Il:
= Wend. $50 4 Greene. IT.; "A Wend. ~: Ii
Con. II 8 Barb. 90; Scam 81: 4 Scam. 1a::
20 Barb. e33; S. and H. 135; Isorb 451; !.
:, d X. o., log: If the jury belcye, from the
evidence. thut tic sale Of the carriages in qucs
lion vas made By the plaintiffs to DeForest upon
condition that he should pay them casn therefor
and that nothing has been done by plaintiffs to
indicates wairer ofthe condition or consent that
the carriages should BE- delivered and the prnper.
pass With nut the immediate return Of cash there
'"r: and if tue Jury further believe fsu,n tie
csidencc tn: De Forest did no. s=nd the plain
til y cash for :ai. carriages, and the plaintiffs
have not bcen guilty Of Inches or want Of dill.
gcnce in retaining the carriages when it was
found that the cash WAS not forthcoming; tie
Iroperty in said carriages did not pass to said
DeForest, and the plaintiffs are entitled to r.
cover, even though the jury should find th.tt
there had been transfer br I'eForrcst tn a
bona tide purchaser, before the plaintiffs had
the satne.
DEMO s7s, Selden a. Shep.: e:, sr. l54,
j4.. ) GRAY ahs. 4 Wash. c. c. r. 5ss.
For The H>'*n'fanf.-A frnnan'ent purchase Of
goods accompanied By delivery is not void, Int
"u'iue UnlF Ill Tue CieCT1Hn OF Inc vendor, nflH
until it is avoided the vendor las the power tn
make valid sale Of the goods to n ho4a 1ik>
purchaser f"r value, llayin: no notice Of the
fraud: IL Eick., 313 Scam, ST.
II. therefore, the carriages iu controversy
were sold BY the said he Forrest and delivered |
10 the aaid Robert Mckinstry, and the jnry arc
satisfied from the evidence that the paid McKin-
<trg was 4 1ond fa< purchaser for a valunb!c |
consideration. without notice Of the alleged |
fraud, then thc property in sad carriages legal
[y passed to tile said Mckiastry, aud tho plain
tits cannot recover.
The jury found verdict for the Plaintiffs.
Dow l. Fuller, for plaintiffs Stuart l. Aver,
for defendants.
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