The American Reports Volume 51-52; Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...seeks to avoid chattel mortgage as fraudulent, he cannot have judgment upon special finding which states some of badges of fraud but does not state as ultimate fact that there was fraud; Farmers' Loan & T. Co. v. Canada & St. L. R. Co. 127 Ind. 250, 11 L.R.A. 740, 26 N. E. 784; Sickman v. Wilhelm, 130 Ind. 480, 29 N. E. 90S, --holding that fraud must be found and stated as ultimate fact; Morgan v. Worden, 145 Ind. 600, 32 N. E. 783, holding that when in action to set aside conveyance as fraudulent special finding does not state fraud as ultimate fact, action must fail; Johnson v. Bedwell, 15 Ind. App. 236, 43 N. E. 246, holding that fraud is question of fact and must be found as fact in special finding, and not left to inference; Caldwell v. Boyd, 109 Ind. 447, 9 N. E. 912; Voris v. Star City Bldg. & L. Asso. 20 Ind. App. 630, 50 N. E. 779, --holding that where fraud is issuable fact, it is duty of jury to find fraud as ultimate fact, and not badges of fraud; Stout v. Price, 24 Ind. App. 360, 55 N. E. 964, holding that in action to set aside conveyance of property as fraudulent, fraudulent intent must be found as fact, and not simply facts and circumstances from which intent to defraud might be inferred. Sufficiency of consideration. Cited in Wright v. Jones, 105 Ind. 17, 4 N. E. 281, holding that equitable consideration will support contract; Garard v. Yeager, 154 Ind. 253, 50 N. E. 237, holding that agreement to pay annuity for use of land during life of owner was sufficient consideration for contract to bequeath unused portion of annuity. Cited in note in 32 E.R.A. 463, on necessity of consideration to support a contract. Remedy where finding Is Insufficient. Cited in Citizens' Bank v. Bolen, 121 Ind. 301, 23 N. E. 140, holding thAt if verdict ...