Legal Opinion

Murfey v. Brace

New York Supreme Court

Decided March 2, 1857PublishedCited by 3 opinions

APPEAL by the plaintiffs, from a judgment entered upon the report of a referee. The action was brought to recover the possession of goods sold by the plaintiffs, merchants in New York, to one Thomas Sampson jun. of Macedón, Wayne county; on the ground that the goods were obtained by Sampson, by means of false and fraudulent representations made by him as to his pecuniary circumstances and responsibility, at the time of making the purchase.

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APPEAL by the plaintiffs, from a judgment entered upon the report of a referee. The action was brought to recover the possession of goods sold by the plaintiffs, merchants in New York, to one Thomas Sampson jun. of Macedón, Wayne county; on the ground that the goods were obtained by Sampson, by means of false and fraudulent representations made by him as to his pecuniary circumstances and responsibility, at the time of making the purchase. The goods were in the possession of the defendants, who claimed to hold the same under and by virtue of an assignment made by Sampson, to them, in trust…

1Opinion of the Court

By the Court, T. R. Strong, J.

The decision of the referee upon the objection to the question to the witness Salsman, as to what Sampson, the assignor of the defendants, said to him in regard to trading with Williams, Bradford & Oo., was correct. The offer connected with the question, explains what the plaintiffs proposed to prove, and all that was excluded by the decision was, the declaration of Sampson that that firm had refused to trust him without security, and he did not intend to buy any more goods of them. That was wholly immaterial in this case. It would not have tended to prove any…

2Cases cited1 opinion

  1. Brower v. JonesNew York Supreme Court · 1808

3Cited by3 opinions

  1. Roberts v. CarterNew York Supreme Court · 1858
  2. Hill v. CarleyNew York Supreme Court · 1876
  3. Roberts v. CarterNew York Supreme Court · 1858

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