Wise v. . Grant
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 November 22,1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial.
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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 November 22,1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was an action of replevin to recover possession of certain goods, which the complaint alleged had been wrongfully obtained from plaintiffs by the defendant Maier Rothschild, and which the defendant Hugh J. Grant, as sheriff, obtained possession of by virtue of an attachment issued against said Rothschild and…
1Opinion of the Court
Andrews, Ch. J.
The only question of any difficulty relates to the right of the plaintiffs to the remedy by replevin. There was abundant evidence that the sale of the goods to Rothschild was procured by him by fraudulent representations. But the title and possession passed to the purchaser by the sale and delivery, notwithstanding the fraud, subject however, to the right of the vendors to rescind the contract if they should so elect. (Powers v. Benedict, 88 N. Y. 605.) There can be no claim that the contract had been rescinded when the sheriff seized the goods on the attachment against…
2Cases cited2 opinions
- Marshall v. DavisNew York Supreme Court · 1828
- Powers v. . BenedictNew York Court of Appeals · 1882
3Cited by33 opinions
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Casey v. . KastelNew York Court of Appeals · 1924
- McNutt v. HilkinsNew York Supreme Court · 1894
- Phelps v. McQuadeAppellate Division of the Supreme Court of the State of New York · 1913
- Baldwin v. ChildsNew York Court of Appeals · 1928
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