Legal Opinion

Paddon v. . Taylor

New York Court of Appeals

Decided May 1, 1871PublishedCited by 17 opinions

Appeal from an order of the General Term of the Supreme Court in the second district, affirming a judgment dismissing the complaint.

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Appeal from an order of the General Term of the Supreme Court in the second district, affirming a judgment dismissing the complaint. The complaint alleged, among other things, that on the 9th of May, 1863, one Hicks purchased of the plaintiff, for cash, 168 barrels of flour, at seven dollars and eighty-five cents per barrel ; that such purchase was made fraudulently, and with the intention on the part of Hicks not to pay therefor, and that Hicks deposited the flour in the warehouse of J. Y. Spader, in the city of New York; that Hicks was indebted to the defendant at the time in the sum of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Upon the statement of the complaint and the admissions of the answer, which are found by the judge to be true, the case may be thus stated: Hicks being insolvent and not intending to pay for the same, fraudulently purchased and obtained from the plaintiff one hundred and sixty-eight barrels of flour. He deposits the same in store with Spader. He takes from Spader a receipt for one hundred barrels thereof in the words "Received in storage from W.S. Hicks, for…

2Cases cited2 opinions

  1. Pratt v. . ComanNew York Court of Appeals · 1868
  2. The Park Bank v. . WatsonNew York Court of Appeals · 1870

3Cited by17 opinions

  1. Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
  2. Smith v. WestallTexas Supreme Court · 1890
  3. Simpson v. . Del HoyoNew York Court of Appeals · 1883
  4. Red River Nat. Bank in Clarksville v. LatimerCourt of Appeals of Texas · 1937
  5. Levy v. CookeSupreme Court of Pennsylvania · 1891

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