Root v. French
New York Supreme Court
This was an action of replevin, tried at the Albany circuit in September, 1833, before the Hon. James Yanderpoel, one of the circuit judges. The suit was for the recovery of a quantity of groceries of the value of about $200, sold on tho fourteenth of November, 1832, by the plaintiff, to one Ray Jenkins, a retail grocer, on a credit of 90 days, for which Jenkins gave his note on the next day.
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This was an action of replevin, tried at the Albany circuit in September, 1833, before the Hon. James Yanderpoel, one of the circuit judges. The suit was for the recovery of a quantity of groceries of the value of about $200, sold on tho fourteenth of November, 1832, by the plaintiff, to one Ray Jenkins, a retail grocer, on a credit of 90 days, for which Jenkins gave his note on the next day. The groceries were delivered to Jenkins, and they, together with all his stock in trade, were,on the seventeenth of the same month, transferred by him, by assignment, to the defendant, to indemnify him…
1Opinion of the Court
By the Court,
Savage, Ch. J.
If the judge was correct in considering the defendant a bona fide purchaser of the goods in question, then the charge was right; otherwise not. It is necessary, therefore, to inquire what constitutes a bona fide purchaser from a fradulent vendee of goods ? The vendee in the assignment in this case recites, that “ Abel French has endorsed and become responsible for me, on divers promissory notes and responsibilities, to the amount of $1921and in consideration of the said sum of $1921, he assigns the goods in question. Was this such a bona fide purchase as bars the…
2Cases cited1 opinion
- Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818
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