Legal Opinion

Spicer v. Waters

New York Supreme Court

Decided January 2, 1866PublishedCited by 19 opinions

THIS action was brought to recover the value of lumber, alleged to have been illegally converted to the use of the defendant.

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THIS action was brought to recover the value of lumber, alleged to have been illegally converted to the use of the defendant. The answer alleges that Cyrus W. Pratt, on the 15th day of November, 1861, recovered judgment against one Bichard Carter, in this court, for the sum of $849.73, and on the 4th of February, 1862, said Pratt recovered another judgment, against the same defendant, in this court, for $1,062.02. On the 23d of December, 1861, Boyal D. Strickland recovered a judgment against the said Carter for $292.05. Executions were issued on these judgments, to the defendant, then being…

1Opinion of the CourtMullin, J.

The first and most important question presented by this appeal is, whether the plaintiffs were bona fide purchasers of the logs from which the lumber in question was made. If the learned judge was wrong in holding the plaintiffs to be such purchasers, there must be a new trial, as the whole of the defence was excluded, because the defendant did not throw over the bonafides of the-plaintiffs sufficient suspicion to make it either necessary or proper to submit the question to the jury.

A bona fide purchaser is" one who buys property of another without notice that some third person has a right…

2Cases cited15 opinions

  1. Root v. FrenchNew York Supreme Court · 1835
  2. Parish v. . WheelerNew York Court of Appeals · 1860
  3. Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
  4. Baker v. Wheeler & MartinNew York Supreme Court · 1832
  5. Edgell v. . HartNew York Court of Appeals · 1853

10 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Allison v. HaganNevada Supreme Court · 1877
  2. Wallingford v. . KaiserNew York Court of Appeals · 1908
  3. Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Alden v. TrubeeSupreme Court of Connecticut · 1877
  5. Baldwin v. RiceAppellate Division of the Supreme Court of the State of New York · 1905

14 more not listed; retrieve them via the Exa API.

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