Vega v. Wheeler

Judgment and order reversed on the exceptions and a new trial ordered, with costs to abide the event. Held, that it was error to charge the jury “ that if,, at the time of the purchase, Sherwood & Hemmens were insolvent and knew that the plaintiff relied upon their solvency that was a fraud, and the sales were void.” See llotchlcin, v. Third Nat. Bk., 127 N. Y., 329 ; 38 St. Rep., 754 .