Campbell v. Erie Railway Co.
New York Supreme Court
ACTION to recover the price of timber and lumber, sold and delivered by the plaintiff to the defendant. On the trial, the plaintiff proved that he sold -to the defendant a quantity of timber and lumber, to the amount and of the yalue claimed in the complaint, and that he had originally purchased it of Stevens & Co. The defendant then offered to show that the sale to the plaintiff by Stevens & Co. was void for fraud; and that Havens & Field, creditors of Stevens & Co. had…
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ACTION to recover the price of timber and lumber, sold and delivered by the plaintiff to the defendant. On the trial, the plaintiff proved that he sold -to the defendant a quantity of timber and lumber, to the amount and of the yalue claimed in the complaint, and that he had originally purchased it of Stevens & Co. The defendant then offered to show that the sale to the plaintiff by Stevens & Co. was void for fraud; and that Havens & Field, creditors of Stevens & Co. had duly attached, in the hands of the defendant, the money due for such timber, in an action brought by them against Stevens &…
1DissentE. Darwin Smith, J.
(dissenting.) The defense, as presented in the defendant’s answer and in the proof offered in support of it at the circuit, having been 'overruled by the circuit judge, the question presented is, whether if the defendant had fully proved what he proposed and, offered to do, it would have constituted any defense in the action. It must therefore be assumed that Stevens & Go. were the original owners of the timber in question; that they sold it to the plaintiff; and that such sale was fraudulent as against *555their creditors. The defendant must, I think, by its offer be- deemed to have proposed and…
2Cases cited1 opinion
- Oakley v. AspinwallThe Superior Court of New York City · 1852