Moller v. . Tuska
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Hew York, which reversed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial, and granted a new trial. This action was brought to recover possession of a quantity of sugar. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Hew York, which reversed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial, and granted a new trial. This action was brought to recover possession of a quantity of sugar. The material facts are stated in the opinion. The plaintiffs having proved their claim in bankruptcy, as for a sale of the goods to Valk Bros, for their price, and having received a dividend in part satisfaction, cannot hold the goods. (2 Kent’s Com. 188 and note; Osterhoudt v. Roberts,…
1Opinion of the CourtDanforth, J.
It was not denied that the sugar in question at one time belonged to the plaintiffs, and that they, on or about the 8th of December, 1868, sold and delivered it to the firm of Valk Bros., who transferred it to the defendant, Tuska. Valk Bros, were insolvent, and on the 15th of December, 1868, went into voluntary bankruptcy. This action was commenced December 19, 1868, to regain possession of the property upon the ground that the sale was induced by the fraud of Valk Bros., and the defendant received the goods with notice of that fraud, and in participation with it.
The answer of the defendant…
2Cases cited2 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Kinney v. . KiernanNew York Court of Appeals · 1872
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- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- American Woolen Co. v. . SamuelsohnNew York Court of Appeals · 1919
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
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