Legal Opinion

Greenwald v. . Wales

New York Court of Appeals

Decided March 17, 1903PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. To the request of the plaintiff to charge “ The fact that the plaintiffs knew that by the sale of the goods Hapgood’s creditors would be deprived of the means of collecting their debts, is no evidence of fraud and does not affect either title or…

1Opinion of the CourtCullen, J.

The action is in replevin to recover a stock of goods seized by the appellant as sheriff of Broome county on an attachment issued against the property of Chester M. Hap-good, the respondents’ vendor. It appears by the evidence that the plaintiffs, under the name of the Manhattan Purchas ing Syndicate, were in the business of purchasing stocks of goods in various parts of the country, shipping them to New York and there selling them at auction; Their vendor in the present case, Hapgood, was at the time of the sale carrying on a retail store for the sale of ladies’ and gentlemen’s furnishing…

2Cases cited3 opinions

  1. Starin v. . KellyNew York Court of Appeals · 1882
  2. Billings v. . RussellNew York Court of Appeals · 1886
  3. Parker v. . ConnerNew York Court of Appeals · 1883

3Cited by22 opinions

  1. Ga Nun v. . PalmerNew York Court of Appeals · 1916
  2. In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
  3. Enthoven v. EnthovenNew York Supreme Court · 1938
  4. Brody v. PecoraroNew York Court of Appeals · 1928
  5. Cohen v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1936

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