Mitchell v. Worden
New York Supreme Court
IIS’OTION by the plaintiffs for a new trial, upon a case. The JL complaint alleged that the plaintiffs were partners, doing business as merchants, at Philadelphia; that on the 17th of November, 1858, Edward W. McCabe, a, liquor merchant at Auburn, sent an order to the plaintiffs, by mail, directing them to send to him a cask of old pale brandy, of 78 gallons, and a cask of gin; and that on the 23d of November he also ordered six baskets of champagne wine; that on the 2d of…
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IIS’OTION by the plaintiffs for a new trial, upon a case. The JL complaint alleged that the plaintiffs were partners, doing business as merchants, at Philadelphia; that on the 17th of November, 1858, Edward W. McCabe, a, liquor merchant at Auburn, sent an order to the plaintiffs, by mail, directing them to send to him a cask of old pale brandy, of 78 gallons, and a cask of gin; and that on the 23d of November he also ordered six baskets of champagne wine; that on the 2d of December, 1853, the plaintiffs shipped and sent to the said McCabe the brandy and wine so ordered, which were of the…
1Opinion of the Court
By the Court, T. R. Strong, J.
The basis of this action is, that the sales of the property in question by the plaintiffs to McCabe, were obtained by the latter by a fraudulent concealment from the plaintiffs of important facts in regard to his pecuniary circumstances, which it was his duty to disclose to them, wherefore the sales were void; that the defendant is not a bona fide purchaser from McCabe ; and that he wrongfully withholds and has converted the property.
*259In relation to the brandy, a portion of the property, I am satisfied the evidence falls entirely short of sustaining the action.…
2Cases cited1 opinion
- Bench v. SheldonNew York Supreme Court · 1852
3Cited by9 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Wright v. . BrownNew York Court of Appeals · 1876
- Bughman v. Central BankSupreme Court of Pennsylvania · 1893
- Chaffee v. FortNew York Supreme Court · 1870
- Stewart v. EmersonSupreme Court of New Hampshire · 1872
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