Goodwin v. . Wertheimer
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 4, 1883, which affirmed a judgment in favor of defendants,, entered upon an order dismissing the complaint on trial, as to defendant Wertheimer. This action was brought to recover possession of certain goods which the complaint alleged plaintiffs sold to the defendant Goldsmith, the sale having been induced by fraud on the part of the vendees.
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Appeal from, judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 4, 1883, which affirmed a judgment in favor of defendants,, entered upon an order dismissing the complaint on trial, as to defendant Wertheimer. This action was brought to recover possession of certain goods which the complaint alleged plaintiffs sold to the defendant Goldsmith, the sale having been induced by fraud on the part of the vendees. The material facts are stated in the opinion. As matter of law,, there was no necessity whatever for making any demand, because…
1Opinion of the CourtAndrews, J.
This action is based upon the right of a vendor of goods to rescind the contract of sale, and to recover the goods, where the sale and delivery were obtained by the fraud of the vendee. The fraud in such case does not intercept the passing of the title to the goods to the purchaser, but the title acquired is defeasible, subject to the right of the vendor, on the discovery of the fraud, to reassert his original right and reclaim the property, unless it has come to the hands of a bona fide purchaser. (Barnard v. Campbell, 58 N. Y. 76; S. C., 55 id. 461.)
The defendant Wertheimer is the assignee…
2Cases cited2 opinions
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