Name: Warner v. Norton — Opinion of the Court
Author: John McLean

Quotes from Warner v. Norton — Opinion of the Court (John McLean)

John McLean, Warner v. Norton — Opinion of the Court

“ But for many years past the tendency has been, in England and in the United States, to consider the question of fraud as a fact for the jury under the instruction of the court. And the weight of authority seems to be now, in this country, favorable to this position. Where possession of goods does not accompany the deed, it is prima facie fraudulent, but open to the circumstances of the transaction, which may prove an innocent purpose. But if such explanation may be given, it is a departure from the stringent rule in the case of Edwards v. Harben. ”

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Source: Wikisource

John McLean, Warner v. Norton — Opinion of the Court

“ In our case, the secrecy was left, with the other circumstances, to the jury, to draw the inference which upon the whole evidence was in their judgment just. No exception can be taken to this, for secrecy has never been by any judicial decision withdrawn from the place it occupies amongst the other signs or badges of fraud, and dignified, like want of possession, with an unexplainable and resistless legal effect. ”

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Source: Wikisource

John McLean, Warner v. Norton — Opinion of the Court

“ It would seem to be difficult, on principle, to maintain that the possession of goods sold is, per se, fraud, to be so pronounced by the court, as that cuts off all explanation of the transaction, which may have been entirely unexceptionable. ”

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Source: Wikisource

John McLean, Warner v. Norton — Opinion of the Court

“ Every case of real fraud will be sufficiently reached by making want of possession a badge or evidence of fraud, according to Twyne's case, whilst an indiscriminating disallowance of all sales which are not followed by possession must in many cases do injustice.
But whether the rule in Edwards v. Harben be maintained in all its strictness or not, is in our case immaterial. Here, possession was taken by the purchaser. It has been so found by the jury. There was evidence proper to be left to the jury of that fact ”

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Source: Wikisource

John McLean, Warner v. Norton — Opinion of the Court

“ A decision on a motion for a new trial, being addressed to the discretion of the court, is no ground for a writ of error.
The judgment of the Circuit Court is affirmed.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

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Source: Wikisource

John McLean, Warner v. Norton — Opinion of the Court

“ Plaintiffs' proof further tended to show that defendant was sheriff of Lasalle county, and that, as such, he did, on the ninth day of February, A. D. 1855, take and carry away the said hardware and tinware. Defendant offered evidence tending to prove, that before and at the time of said sale, said Haskins was in failing, and that certain creditors (by judgment) had sued out writs of attachment, as set forth in defendant's special pleas, against the goods of said Haskins ”

John McLean

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Quotes from Warner v. Norton — Opinion of the Court (John McLean)

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John McLean

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