United States Supreme Court Cases & Opinions

U.S. Supreme Court

Winchester & Partridge Mfg. Co. v. Creery, 116 U.S. 161 (1885)

Winchester & Partridge Manufacturing Company v. Creery

Argued November 17-18, 1885

Decided December 21, 1885

116 U.S. 161

Syllabus

In an action by the vendee of personal property against an officer attaching it as property of the vendor, declarations of the vendor to a third party, made after delivery of the property, are inadmissible to show fraud or conspiracy to defraud in the sale unless the alleged collusion is established by independent evidence and the declarations fairly form part of the res gestae.

A person whom a purchaser of personal property from a debtor in failing circumstances puts into possession of the property after the sale as his agent to manage it cannot afterwards make declarations respecting the character

Page 116 U. S. 162

of the sale which can be received in evidence against the vendor in proceedings in which the sale is questioned as made in bad faith, or with intent on the part of the vendor and vendee to hinder and delay the vendor's creditors.

This suit was brought by plaintiff in error as plaintiff below against an officer who had seized, on a writ of attachment against Webb & Co., property sold and delivered by them to plaintiff. The facts which make the case are stated in the opinion of the Court. Judgment below for defendant. Plaintiff sued out this writ of error to review it.