
    (First Circuit — Hamilton Co., O., Circuit Court
    Oct. Term, 1899.)
    Before Smith, Swing and Giffen, JJ.
    MOSES WACHTEL v. CHRIS. REICHEL, Sheriff, et al.
    
      Purchase by insolvent — When not fraudulent—
    Where an article is purchased by one who is in fact insolvent at the time, but who makes no representations as to his financial condition, and who intends to pay for it. and has reasonable expectations to be able to pay it, the title to such article passes to him, and the vendor can not recover it on the ground that the purchase was fraudulent.
    Error to the Court of Common Pleas of Hamilton county.
    
      Frank Seinsheimer, for Plaintiff injError.
    
      Franklin T. Cahill, contra.
   Giffen, J.

The action below was in replevin to recover possession of a printing press, upon the ground of a fraudulent purchase. The only testimony offered was that of the seller and buyer, together with a memorandum of sale and a letter from the latter. Manifestly the press was sold on time, and upon delivery the title passed. Although the vendee was at the time insolvent, no representations as to his financial condition were made, and the court must have found that he intended to pay and had reasonable expectations of being able to pay; which finding upon the evidence,we are not warranted in disturbing.

Judgment affirmed.  