Vega v. Wheeler

No opinion. 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 Hotchkin v. Bank, 127 N. Y. 329, 27 N. E. Rep. 1050.