Tallman v. Kearney
New York Supreme Court
Appeal from a judgment of a county court, affirming a judgment of a justice’s court, in favor of plaintiffs. The plaintiffs Fred. Tallman and Edward Miller sued the defendant William Kearney, in a justice’s court, in the county of Onondaga, to recover the value of a wagon belonging to the plaintiffs that the defendant had converted to his own use. The defense was a general denial.
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Appeal from a judgment of a county court, affirming a judgment of a justice’s court, in favor of plaintiffs. The plaintiffs Fred. Tallman and Edward Miller sued the defendant William Kearney, in a justice’s court, in the county of Onondaga, to recover the value of a wagon belonging to the plaintiffs that the defendant had converted to his own use. The defense was a general denial. It was proved on the part of the plaintiffs that in September, 1872, Francis Bennett owned the wagon in question, and had left it at the shop of one Z. B. Mason, of Tully, in said county, to be repaired. Mason…
1Opinion of the CourtMullin, P. J.
The purchase of the wagon by plaintiff of Bennett was a valid one, and there was a sufficient delivery by Bennett. The only question open to discussion is, whether there was a continued change of possession as required by the statute. The retention of possession of the thing sold by the vendor after the sale, is prima facie fraudulent as to purchasers and creditors of the vendor.
It is, however, susceptible of explanation, and if it is shown that the continuance of possession in the vendor was free from fraud, and was upon a sufficient consideration and for a purpose which the law approves,…
2Cases cited10 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Gardner v. AdamsNew York Supreme Court · 1834
- Bissell v. HopkinsNew York Supreme Court · 1824
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