Walp v. Mooar
Supreme Court of Connecticut
Action to recover damages for the conversion of a stock of goods, brought to the Superior Court in New Haven County where a demurrer to the second defense of the answer was overruled (Elmer, J.'), and one to the reply to such defense sustained (Giager, J.), and the case was then tried to the court, Q-eorge W. Wheeler, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff.
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Action to recover damages for the conversion of a stock of goods, brought to the Superior Court in New Haven County where a demurrer to the second defense of the answer was overruled (Elmer, J.'), and one to the reply to such defense sustained (Giager, J.), and the case was then tried to the court, Q-eorge W. Wheeler, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff. After the decision of certain questions of law raised by demurrers to the pleadings, the case was tried to the court upon its merits, and the following facts found : — On the 80th of…
1Opinion of the CourtHall, J.
The defendants failed in the trial court to prove the allegation of their second defense, that the plaintiff purchased the goods in question from the fraudulent vendee of Davidson. The title of Koch, from whom the plaintiff purchased, was not impaired by the fraud of Davidson and Company, in which the defendant failed to prove that Koch participated. Knower v. Cadden Clothing Co., 57 Conn. 202, 217. Koch’s title, therefore, was only defective because made so by the provisions of General Statutes, § 4869, regarding the effect of a sale by a retail dealer in this State of the whole or a large…
2Cases cited9 opinions
- State v. ConlonSupreme Court of Connecticut · 1895
- McDaniels v. J. J. Connelly Shoe Co.Washington Supreme Court · 1902
- Neas v. BorchesTennessee Supreme Court · 1902
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Vanbuskirk v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1842
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Silver v. SilverSupreme Court of Connecticut · 1928
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- State v. ZazzaroSupreme Court of Connecticut · 1941
- State v. GordonSupreme Court of Connecticut · 1956
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
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