Vidvard v. Powers
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered on the report of a referee in an action for the recovery of possession of personal property.
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Appeal from a judgment in favor of the plaintiffs, entered on the report of a referee in an action for the recovery of possession of personal property. The complaint alleged that on or about December 18, 1880, at Ellisburgh, Jefferson county, the defendants wrongfully became possessed of and detained from the plain tiffs^certain goods, the property of the plaintiffs, and of which they were entitled to the immediate possession, of the value ol $409.11; that defendants after demand refused to deliver possession; that the defendant Hedden on or about November 26, 1880, being insolvent obtained…
1Opinion of the Court
Merwin, J.:
The issue in this case was whether the property had been fraudulently obtained from the plaintiffs by the defendant Hedden. Fraud was sought to be established on two theories; one based on representations in fact made by the agent of Hedden at the time the goods were ordered, and the other on the idea that Hedden when he received the goods was insolvent and did not intend to pay for them. Hedden had a store at Ellisburgh and also one at Lacona. The former was in charge of a clerk, or agent, named Delapp, who on the 25th and 26th November, 1880, ordered at Utica the goods in…
2Cases cited3 opinions
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Truax v. . SlaterNew York Court of Appeals · 1881
- Bullis v. MontgomeryNew York Supreme Court · 1870