Legal Opinion

Cooper Manufacturing Co. v. De Forest

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1896PublishedCited by 3 opinions

Appeal by the defendants, Abraham A. De Forest and others, as sole surviving members of the firm of Warner, De Forest & Co., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 7th day of December, 1895, denying the defendants’ motion…

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Appeal by the defendants, Abraham A. De Forest and others, as sole surviving members of the firm of Warner, De Forest & Co., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 7th day of December, 1895, denying the defendants’ motion for a new trial made upon the minutes. John Warner was a member of the firm and an original party defendant in this…

1Opinion of the Court

Van Brunt, P. J.:

This action was brought to recover the possession of certain merchandise sold by the plaintiff to the firm of Gerrish & Co., upon the ground of fraud upon the part of Gerrish & Co. in making the purchase.

It appeared from the evidence that, after the delivery of the goods in question, Gerrish & Co. sold their stock in trade to the defendants, Warner, De Forest & Co. for the consideration of $1,000 in cash, a note at three months for $3,355.53, the assumption of certain liabilities of Gerrish & Co. by Warner & Co., and the payment of certain antecedent debts due by the former…

2Cited by3 opinions

  1. Gowing v. WarnerAppellate Terms of the Supreme Court of New York · 1900
  2. Gowing v. WarnerCity of New York Municipal Court · 1899
  3. Lewis, Mamie A. v. Califano, Joseph, Jr., Secretary of the United States Department of Health, Education and Welfare (d.c. Civil No. 78-0861)Court of Appeals for the Third Circuit · 1980

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