Beavers v. Lane
The Superior Court of New York City
Motion on the part of the plaintiff to set aside a nonsuit, and for a new trial. The action was brought for the delivery of the possession of thirty-six hundred bushels of oats, and the issues raised by the pleadings were tried before Oakley, Oh.
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Motion on the part of the plaintiff to set aside a nonsuit, and for a new trial. The action was brought for the delivery of the possession of thirty-six hundred bushels of oats, and the issues raised by the pleadings were tried before Oakley, Oh. J., and a jury, in November, 1854. When the testimony on the part of the plaintiffs was closed, the counsel for the defendants moved for a nonsuit, the court granted the motion, and the counsel for the plaintiff excepted to the decision. A motion to set aside the nonsuit, and for a new trial, after-wards made at a Special Term by an order of the…
1Opinion of the CourtBy the Court. Woodruff, J.
The counsel for the plaintiff, in support of the present motion, insists that the nonsuit was erroneous, because the defendants had, at the time of the commencement of this action, acquired no title to the oats in question, or if they had acquired any title upon which they could claim or retain the possession as against the plaintiff’s vendee, (Cox,) it cannot avail them as against the plaintiff himself, i. e., they had no other or better title than Cox himself. That Cox had no title as against the plaintiff for two reasons, that the purchase by Cox was fraudulent, and made with the…
2Cases cited3 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- Olyphant v. BakerNew York Supreme Court · 1848
- Caldwell v. BartlettThe Superior Court of New York City · 1854
3Cited by6 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Hall v. HinksCourt of Appeals of Maryland · 1864
- Lewis v. McCabeSupreme Court of Connecticut · 1881
- Hyde v. ElleryCourt of Appeals of Maryland · 1862
- Barnard v. CampbellNew York Supreme Court · 1873
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