Blaut v. . Gabler
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendants, entered upon a verdict. This was an action of replevin to recover possession of nine pianos. It was brought originally against defendant Gabler, who answered that he held the pianos as bailee of defendant Bod-man.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendants, entered upon a verdict. This was an action of replevin to recover possession of nine pianos. It was brought originally against defendant Gabler, who answered that he held the pianos as bailee of defendant Bod-man. The latter, who claimed as assignee for the benefit of creditors of one Strauss was, upon application, made a party defendant. Plaintiff claimed title by virtue of an alleged sale to him by Strauss. It appeared that Strauss…
1Opinion of the CourtMiller, J.
This action was brought to recover the possession of certain personal property, which it was claimed by the plaintiff had been purchased by him, for a valuable consideration, of one Strauss, and which was taken from the plaintiff’s possession by the defendant, as assignee of said Strauss, for the benefit of Strauss’ creditors. The defense interposed to the plaintiff’s action was, that the alleged sale was a scheme devised between Strauss and the plaintiff, for the purpose of defrauding the creditors of Strauss ; and the question was presented upon the trial whether the sale of the property by…
2Cited by7 opinions
- Preston v. . SouthwickNew York Court of Appeals · 1889
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
- Durfee v. BumpNew York Supreme Court · 1889
- Woodworth v. HodgsonNew York Supreme Court · 1891
- Starin v. KellyThe Superior Court of New York City · 1880
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