Keyser v. Harbeck
The Superior Court of New York City
In April, 1850, one Louis Dietz called on the plaintiff, who is in business in Hew York, and applied to purchase of him a large quantity of hardware, to be shipped to California. He represented that he wished and was authorized to purchase for a rich firm in Wall street, who did not wish to be known as being then engaged in the California trade; that they would pay in cash on the goods being delivered on board the ship W. H. Harbeek.
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In April, 1850, one Louis Dietz called on the plaintiff, who is in business in Hew York, and applied to purchase of him a large quantity of hardware, to be shipped to California. He represented that he wished and was authorized to purchase for a rich firm in Wall street, who did not wish to be known as being then engaged in the California trade; that they would pay in cash on the goods being delivered on board the ship W. H. Harbeek. He procured from the plaintiff a statement of his prices for the articles proposed to be bought, under pretence of showing it to his alleged principals. He…
1Opinion of the CourtBy the Court. Bosworth, J.
The question argued at the general term by the counsel of all the parties, as being the principal one arising in the cause, is this : Can a party who has been fraudulently induced to sell and deliver goods by means of false pretences, indictable under the revised statutes, reclaim them from one who has bond fide bought and obtained possession of them from the fraudulent vendee %
The plaintiff’s counsel insists, that when a party is deprived of his goods by acts amounting to a felony at common law, his title cannot be divested by a sale to a bond fide purchaser. This is not denied. But he also…
2Cases cited1 opinion
- Andrew v. DieterichNew York Supreme Court · 1835
3Cited by15 opinions
- Dows v. RushNew York Supreme Court · 1858
- People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
- Bell v. CaffertyIndiana Supreme Court · 1863
- The Eugene VestaDistrict Court, E.D. Michigan · 1886
- Ross v. LeuciCity of New York Municipal Court · 1949
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