Bach v. . Tuch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 6, 1890, which affirmed a judgment in favor of defendant entered upon a verdict- directed by the court. The nature of the action and the facts, so far as material are stated in the opinion. The court erred in directing a verdict for the respondent.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 6, 1890, which affirmed a judgment in favor of defendant entered upon a verdict- directed by the court. The nature of the action and the facts, so far as material are stated in the opinion. The court erred in directing a verdict for the respondent. (Devoe v. Brandt, 53 N. Y. 462, 465; Hennequin v. Naylor, 24 id. 139; Wright v. Brown, 67 id. 1.) The appellants were not precluded by the action in the city court from maintaining this action. (Terry v. Munger, 121 N. Y.…
1Opinion of the CourtPeckham, J.
I am inclined to think the plaintiffs gave sufficient evidence of the purchase of the goods with a fraudulent intent, by the assignor of the defendant, to entitle them to a submission of the question to the jury, were it not for the facts put in evidence regarding their election of an inconsistent remedy.
The facts are that on the 27th of October, 1885, the plaintiffs sold and delivered to defendant’s assignor, goods and merchandise to the value of $1,166.10, and took his note in payment thereof, payable in four months from November 2, 1885. On the 21st of December, 1885, the defendant’s…
2Cases cited1 opinion
- Hays v. . MidasNew York Court of Appeals · 1887
3Cited by18 opinions
- Simon v. Goodyear Metallic Rubber Shoe Co.Court of Appeals for the Sixth Circuit · 1900
- Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
- Ruhl v. MottCalifornia Supreme Court · 1898
- Wilson v. HundleySupreme Court of Virginia · 1898
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
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