Tallman v. Turck
New York Supreme Court
APPEAL from a judgment entered at' a special term, on the verdict of a jury in an action of replevin. The defendant claimed title to the goods in controversy, under and by virtue of an assignment executed to him by one George G. Cornwell, in trust for the benefit of creditors. The plaintiff obtained a verdict, and the defendant appealed to the general term.
1Opinion of the Court
By the Court, Mitchell, P. J.
The plaintiffs sold goods to the amount of $664.33 to one Cornwell, who purchased them under fraudulent representations which vitiated his title to them. The plaintiff brought an action to recover all the goods, against this defendant, who on the trial admitted that *168the goods mentioned in the complaint were received by him. It also appeared that $419 in value of the goods were replevied by the sheriff from the defendant and delivered to the plaintiffs. It resulted that the defendant had appropriated to his own use the goods, amounting in value to the difference…
2Cases cited7 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Root v. FrenchNew York Supreme Court · 1835
- Hunter v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Storm v. LivingstonNew York Supreme Court · 1810
- Baker v. RobbinsNew York Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. . TiltNew York Court of Appeals · 1867
- Velsian v. LewisOregon Supreme Court · 1888
- Stevens v. HydeNew York Supreme Court · 1860
- Larkins & Moore v. EckwurzelSupreme Court of Alabama · 1868
- Surles v. SweeneyOregon Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.