Buckley v. Artcher
New York Supreme Court
THIS was an action to recover personal property. It was tried at the Albany circuit, in November, 1852, before Hr. Justice Wright.
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THIS was an action to recover personal property. It was tried at the Albany circuit, in November, 1852, before Hr. Justice Wright. The plaintiffs proved, upon the trial, that being dealers in cabinet furniture in the city of Boston, they sold to John Arts, of Albany, on the 9th of September, 1851, a bill of furniture amounting to $645.96, and on the first day of October following, another bill amounting to $74.65 ; that the sale was upon a credit of six months, and that, at the time of making the purchases, Arts made no representation or statement in relation to his pecuniary affairs or…
1Opinion of the Court
By the Court, Harris, J.
The evidence of fraud in the • purchase of the property in question by Arts is certainly not very decisive, yet I think there was enough to prevent a non-suit. ' The circumstances proved were sufficient to justify the *587conclusion that, at the time of the purchase, Arts was insolvent. He had recently confessed a judgment in favor of the defendant and his partner for a large amount. Very soon after the purchase-—perhaps before the goods had reached his store—he executed a chattel mortgage upon his entire stock in trade for a still larger amount, payable on demand. Again,…
2Cases cited1 opinion
- Durell v. HaleyNew York Court of Chancery · 1829
3Cited by7 opinions
- Chaffee v. FortNew York Supreme Court · 1870
- Stewart v. EmersonSupreme Court of New Hampshire · 1872
- Klopenstein v. MulcahyNevada Supreme Court · 1868
- Bienenstok v. AmmidownThe Superior Court of New York City · 1895
- Bienenstok v. AmmidownThe Superior Court of the City of New York and Buffalo · 1894
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