Clark v. Hamilton Diamond Co.

WASTE, C. J.—

The plaintiff brought an action in claim and delivery for recovery of the possession of a diamond ring alleged to be of the value of five hundred dollars. Judgment went for the plaintiff and the defendant Cohen has appealed, contending that he is a Iona fide purchaser of the ring without, knowledge of defect of title, and is entitled to a reversal of the judgment.

The appeal is on the judgment-roll alone, and the findings show that plaintiff sold the ring to Harry Justice, who “ fraudulently gave a worthless check in payment therefor.” Justice traded the ring to one Dye as payment…