15 S.E. 892 | N.C. | 1892
The demurrer admits that "W. H. Cohen was insolvent, and well knew of his insolvency at the time of his purchase, and fraudulently concealed his said insolvency from plaintiffs by falsely representing to them his financial condition to be largely in excess of all liabilities existing at the time of such representation, and at such time not having the intention of paying for the goods purchased." (106) The foregoing facts bring the case within the principle of Wilson v. White,
We presume that his Honor was misled by the case of Brem v. Lockhart,
For the reasons given, we think the demurrer should have been overruled.
REVERSED.
Cited: Walton Co. v. Davis,