Pequeno v. Taylor
New York Supreme Court
THIS action was brought by the plaintiff, a resident of Cuba, against the defendants, to recover the value of a cargo, of 49,222 gallons of molasses, shipped from thence early in July, 1859, and without the plaintiff’s authority, consigned by the firm of Ulrici, Playle & Co., of that island, to Moses Taylor & Co., of the city of Hew York.
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THIS action was brought by the plaintiff, a resident of Cuba, against the defendants, to recover the value of a cargo, of 49,222 gallons of molasses, shipped from thence early in July, 1859, and without the plaintiff’s authority, consigned by the firm of Ulrici, Playle & Co., of that island, to Moses Taylor & Co., of the city of Hew York. The answers of the defendants deny that the molasses was, when shipped, the property of the plaintiff, but aver that the same belonged to the firm of Ulrici, Playle & Co., and the defendants also, in substance, allege, that upon the arrival of the property…
1Opinion of the Court
By the Court, Leonard, J.
The question of first moment in this case is whether there was sufficient evidence of fraudulent intent on the part of the purchasers of the molasses to require the judge at the trial to submit that question to the jury.
The molasses was delivered after the purchasers had become embarrassed, and at a time when their bankruptcy was imminent; the vessel chartered by the purchasers to receive and convey the plaintiff’s molasses, was dispatched from her port in Cuba laden with 50,000 gallons; the bill of lading for this cargo furnished by the plaintiff was obtained and…
2Cases cited1 opinion
- Fraschieris v. HenriquesNew York Supreme Court · 1862
3Cited by2 opinions
- Henry v. AllenSupreme Court of Alabama · 1890
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893