Powers v. . Benedict
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 14, 1881, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiffs on trial. This action was brought to recover possession of a quantity of goods which plaintiffs alleged had been delivered to Josiah E. Cummings under a contract of sale induced by fraud on the part of the vendee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 14, 1881, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiffs on trial. This action was brought to recover possession of a quantity of goods which plaintiffs alleged had been delivered to Josiah E. Cummings under a contract of sale induced by fraud on the part of the vendee. The nature of the defense and the material facts are stated in the opinion. There was a sufficient disaffirmance and rescission of the contract. (Cobb…
1Opinion of the CourtDanforth, J.
The action is to recover goods and chattels with damages for their detention. The defendant, first, justifies under executions issued to him as sheriff, for the enforcement of certain judgments against one Josiah E. Cummings, and second,avers that the goods in question were sold and delivered to said Cummings by the plaintiffs in the usual course of business, and that since the commencement of the action they have ratified the sale; first, by suing Cummings for the price, and second, by proceeding against him in bankruptcy upon the same demand.
Upon the trial of these issues, the plaintiffs…
2Cases cited2 opinions
- Moller v. . TuskaNew York Court of Appeals · 1881
- Kinney v. . KiernanNew York Court of Appeals · 1872
3Cited by35 opinions
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Wise v. . GrantNew York Court of Appeals · 1894
- Thompson v. PeckIndiana Supreme Court · 1888
- Joslin v. NoretMichigan Supreme Court · 1923
- Bolton Mines Co. v. StokesCourt of Appeals of Maryland · 1895
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