O'Connell v. Kilpatrick

Bryan, J., delivered the opinion of the Court. In the third bill of exception it is stated that the defendant (now appellant) offered to prove that Condon was ¹³⁰ engaged in an effort to defraud his creditors; and that Ackerman (the plaintiffs’ agent) aided and participated in his scheme; and that the goods in question were delivered to Ackerman by Condon in furtherance of this purpose. If these facts were established by evidence, undoubtedly no title would be acquired to the goods as against the creditors of Condon. The transaction would be void, and the goods would be liable to their claims as fully as if the delivery had not taken place.

This result is not changed by the fact that Ackerman was acting as the agent of the plaintiffs. The plaintiffs’ title is derived from, and depends upon, the dealings between Ackerman and Condon. Ackerman could not acquire a good title for them by unlawful means. It is not alleged that the plaintiffs knew of any fraudulent dealing by which the possession of the goods was obtained.

Nevertheless as their title arose from the contract between Condon and Ackerman, if that contract was void, and incapable of conveying a good title, it is manifest that they have none. Suppose that Ackerman had taken the goods by force, no one