by John Marshall Harlan

“ Again, at the instance of the plaintiff, the court said: 'The mere sale by a party of his stock of goods to a relative is not a badge of fraud. If such sales were fraudulent in themselves, it would be impossible for family connections to aid each other, in case of financial embarrassment, without danger of being placed in a false position, and losing the entire sum loaned. ”

“ A statute that declares every transfer of property made with intent to delay or defraud any creditor of his demands void against all creditors of the debtor would be wholly defeated in its operation if the rights of the transferee were not subject to the rule that 'whatever is notice enough to excite attention and put the party on his guard, and call for inquiry, is notice of everything to which such inquiry might have led.' Wood v. ”

“ The jury was further instructed, at the instance of the plaintiff, that, if they found that Louis Shauer made a sale of these goods to his brother, it would be presumed, in absence of proof to the contrary, that such sale was made in good faith and with honest intentions; that, if the evidence was equally balanced, the defendant must fail in respect to the fraud alleged by him ”

“ And this is true, whatever may be the good intention or bona fides of the transaction. Even the law will not tolerate such transfers as against creditors. The change of possession must be open and visible, and, if not, as against creditors without knowledge of the transfer it will be void, though made for a valuable consideration, in good faith, and without any actual intent to defraud. ”

“ This is to enable the court to see whether the evidence offered was material, for it would be idle to reverse a judgment for the admission or rejection of evidence that could have had no effect upon the verdict.' At the date of the trial of that cause in the court of original jurisdiction it was provided, by rule 21 of this court, that, 'when the error alleged is to the admission or rejection of evidence, the specification shall quote the full substance of the evidence offered or copy the offer as stated in the bill of exceptions. ”

“ The specific objection made by the plaintiff to these instructions is that they stated an arbitrary rule, namely, that the change in possession must be accompanied by such outward, visible signs as would apprise the world of the change, and made no reference to the time within which such signs should be given, or to the nature of the property transferred, or to the circumstances attending the transaction. ”