When any person is guilty of fraud in contracting a debt, or conceals, removes or conveys away any part of his property, with intent to prevent it from being taken by legal process, or refuses to pay any debt admitted by him or established by a valid judgment, while having property, not exempt from execution, sufficient to discharge the debt, concealed or withheld by him so that the property cannot be taken by legal process, or refuses to disclose his rights of action, with intent to prevent the rights of action from being taken by foreign attachment or garnishment, any creditor aggrieved thereby may institute an action against him, setting forth his debt and the fraudulent act or acts particularly in the complaint.
(1949 Rev., S. 8303; P.A. 81-410, S. 11; P.A. 82-160, S. 231.)
History: P.A. 81-410 eliminated provision re body attachment and execution; P.A. 82-160 replaced “estate” with “property”, added “or garnishment” after “foreign attachment” and rephrased the section.
See Sec. 52-279 re conditions under which attachment may be granted.
Statute creates a new remedy. 19 C. 545. What constitutes a fraudulent concealment or withdrawal of property. 25 C. 368. Amount of the debt is ordinarily the rule of damages. 30 C. 413. Subsequent proceedings in insolvency, or insolvency in fact, no defense. Id., 412; 38 C. 76. Declaration. Id. Defense of offer of payment by note. Id., 77. Complaint held insufficient to show statutory fraud. 41 C. 241. Cited. Id., 301. Defendant held liable for refusing to disclose to officer the names of his debtors. 46 C. 270. A preconceived design not to pay for goods bought on credit is not essential to constitute fraud. 55 C. 277. Complaint charging a violation of statute, and on which defendant's body has been attached, cannot be amended by adding count in contract; 63 C. 370; 105 C. 679; nor is another action pending seeking recovery for same debt under common counts a ground for abatement. Id., 683. Refusal to find fraud held warranted on writ of error. 108 C. 94. History of statutes concerning body attachments and executions. 111 C. 229. Cited. 114 C. 53; 134 C. 207. Requires that fraudulent acts be specifically set up in complaint; evidence held to sustain ruling of not guilty of fraud. 136 C. 222.
Cited. 12 CS 106. Not enough to prove a debt under section; fraud must also be proved. 16 CS 158. Cited. 35 CS 130.
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