Burbridge v. Seely

Ohio Supreme Court

Burbridge v. Seely

1 Ohio Ch. 359

DecidedAugust 15, 1833

StatusPublished

This text of 1 Ohio Ch. 359 (Burbridge v. Seely) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burbridge v. Seely, 1 Ohio Ch. 359 (Ohio 1833).

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Opinion

By the Court.

In the sale of goods, where the possession is left unchanged, it is prima facie evidence of fraud. It lies on .the claimant, under such sale, to do away this presumption, and if he [360]*360fail, the sale is esteemed fraudulent. There may also ,be fraud in law, legally deduced from certain acts, even though both parties were strictly honest, and had no intention of fraud. The charge of the court below was against both these principles and the judgment must be reversed, with costs.

Whatever rule obtains in other states, the question is not an open one here, and we must be governed by our laws and practice. It has been frequently ruled in our courts, that possession by the vender, after sale, furnished only prima facie evidence of fraud, which might be rebutted.

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By the Court.

In the sale of goods, where the possession is left unchanged, it is prima facie evidence of fraud. It lies on .the claimant, under such sale, to do away this presumption, and if he [360]*360fail, the sale is esteemed fraudulent. There may also ,be fraud in law, legally deduced from certain acts, even though both parties were strictly honest, and had no intention of fraud. The charge of the court below was against both these principles and the judgment must be reversed, with costs.

Whatever rule obtains in other states, the question is not an open one here, and we must be governed by our laws and practice. It has been frequently ruled in our courts, that possession by the vender, after sale, furnished only prima facie evidence of fraud, which might be rebutted.

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Bluebook (online)

1 Ohio Ch. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burbridge-v-seely-ohio-1833.