Ammidown v. Century Rubber Co.
The Superior Court of New York City
Statement of the case by the Court. The action is in replevin to recover the possession of certain goods, of the value of about $7,000, which were sold by the plaintiffs and delivered by them to the defendants Carpenter and Lockwood, upon the faith of certain representations as to their financial standing and condition, which turned out to be ‘fraudulent. Part of the goods have been made up into 832 waterproof garments, identified in the complaint by certain numbers.
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Statement of the case by the Court. The action is in replevin to recover the possession of certain goods, of the value of about $7,000, which were sold by the plaintiffs and delivered by them to the defendants Carpenter and Lockwood, upon the faith of certain representations as to their financial standing and condition, which turned out to be ‘fraudulent. Part of the goods have been made up into 832 waterproof garments, identified in the complaint by certain numbers. The plaintiffs allege that the Century Rubber Company, a domestic corporation, which is joined as a co-defendant, was the sole…
1Opinion of the Court
By the Court.—McAdam, J.
The plaintiffs are evidently proceeding upon the theory that the goods, though fraudulently purchased by Carpenter and Lockwood, cannot be taken from the Rubber Company if it in good faith made advances on the security thereof. They claim, however, that the goods cannot be held for advances generally or a precedent debt, and their object in insisting upon the last bill ordered is to enable them to determine whether the lien asserted is for a precedent debt, advances generally, or for specific advances on particular consignments. This could readily be decided if the…
2Cases cited6 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Woods v. De FiganiereThe Superior Court of New York City · 1863
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Woods v. De FiganiereNew York Supreme Court · 1863
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