Legal Opinion

Fields v. . Bland

New York Court of Appeals

Decided June 1, 1880PublishedCited by 12 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to vacate an order of arrest. The facts are set forth sufficiently in the opinion. The judgment confessed showed a sale and delivery of the goods by the plaintiff to the defendant, Susan Bland, and the plaintiff is now estopped from alleging any title in himself.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to vacate an order of arrest. The facts are set forth sufficiently in the opinion. The judgment confessed showed a sale and delivery of the goods by the plaintiff to the defendant, Susan Bland, and the plaintiff is now estopped from alleging any title in himself. (Dutchess of Kingston's case, 11 State Trials, 261; Wood v. Jackson, 8 Wend. 38; Gardner v. Buckbee, 3 Cowen, 120; Burt v. Sternburg, 4 id. 559; Calkins v. Allerson, 3 Barb. 171; Embury v.…

1Opinion of the CourtDanforth, J.

The order for the arrest of John B. Bland, one of the defendants, was granted upon the ground that the defendant had wrongfully taken and converted certain personal property of the plaintiff. The affidavits on which the order was granted were to the effect that the goods had been intrusted to Susan Bland, upon her agreement that she, with the aid of her husband John B. Bland, would sell them for the plaintiff and account for the proceeds; that instead of doing so, they had secreted and taken them away. A case was made out, authorizing the order, and although, upon the motion to vacate it, the…

2Cases cited1 opinion

  1. Morris v. . RexfordNew York Court of Appeals · 1859

3Cited by12 opinions

  1. Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  2. Campbell v. Kauffman Milling Co.Supreme Court of Florida · 1900
  3. Enterprise Soap Works v. SayersMissouri Court of Appeals · 1892
  4. Bickham v. Gulf Refining Co.Supreme Court of Louisiana · 1926
  5. In re Fitzhugh Hall Amusement Co.District Court, W.D. New York · 1915

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