Hollis v. Morris

Superior Court of Delaware

Hollis v. Morris

2 Del. 128

DecidedJuly 5, 1836

StatusPublished

This text of 2 Del. 128 (Hollis v. Morris) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hollis v. Morris, 2 Del. 128 (Del. Ct. App. 1836).

Pincite

Opinion

The Court

charged,

1st. That the former recovery was conclusive on all subjects and causes of action that might have been included in the former suit, unless the plaintiff shows by proof, that the matter now sued for, was not in fact included in that action. 16 Johns. Rep. 136; 2 Ibid.

2d. That if the gig was placed with the defendant by plaintiff, to defraud his creditors, and there was no actual bona fide sale of it, the plaintiff is not entitled to the aid of a court of justice to recover it back.

Yerdict for defendant

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The Court

charged,

1st. That the former recovery was conclusive on all subjects and causes of action that might have been included in the former suit, unless the plaintiff shows by proof, that the matter now sued for, was not in fact included in that action. 16 Johns. Rep. 136; 2 Ibid.

2d. That if the gig was placed with the defendant by plaintiff, to defraud his creditors, and there was no actual bona fide sale of it, the plaintiff is not entitled to the aid of a court of justice to recover it back.

Yerdict for defendant

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Bluebook (online)

2 Del. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollis-v-morris-delsuperct-1836.