Nichols v. Michael
New York Court of Appeals
Appeal from the Supreme Court-. Action to recover the possession of certain goods, upon the allegation of property in the- plaintiffs, and a joint detention by the defendants. In April, 1853, the defendant Pinner- purchased of the plaintiffs, the goods described in the complaint (the purchase amounting to $6,500), on a credit-of four and six months, for which he gave his two negotiable promissory notes.
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Appeal from the Supreme Court-. Action to recover the possession of certain goods, upon the allegation of property in the- plaintiffs, and a joint detention by the defendants. In April, 1853, the defendant Pinner- purchased of the plaintiffs, the goods described in the complaint (the purchase amounting to $6,500), on a credit-of four and six months, for which he gave his two negotiable promissory notes. Pinner continued in business until the August, following when he failed, and made an assignment to. the defendant Michael, for the benefit of his creditors, giving preferences. This- action…
1Opinion of the CourtJames, J.
Whenever property is obtained from another upon credit, with the preconceived design on the part of the purchaser to cheat and defraud the vendor out of the same, the vendor, upon the discovery of the fraud, may avoid the contract and retake the property, unless it has passed to the possession of a bona fide holder for value. Such, I -understand, was the conclusion of the court when this case was formerly before it. (18 N. Y., 295; Hall v. Naylor, 18 N. Y., 588.)
When the plaintiffs rested their case, they had given evidence showing that Pinner was insolvent when he purchased the goods in…
2Cases cited7 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Nichols v. . PinnerNew York Court of Appeals · 1858
- President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
- Hall v. . NaylorNew York Court of Appeals · 1859
- Brockway v. BurnapNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- Buf. and State L.R.R. Co. v. . Sup'rs Erie Co.New York Court of Appeals · 1871
- Wilcox Silver Plate Co. v. SchimmelMichigan Supreme Court · 1886
9 more not listed; retrieve them via the Exa API.