Ammidon v. Century Rubber Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Replevin by Edward H. Am mid on and others against the Century Rubber Company and others 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 & Lockwood, upon the faith of certain representations as to their financial standing and condition, which turned out to be fraudulent.
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Appeal from special term. Replevin by Edward H. Am mid on and others against the Century Rubber Company and others 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 & 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 882 water-proof garments, identified in the complaint by certain numbers. The plaintiffs allege that the Century Rubber Company, a domestic…
1Opinion of the CourtMcAdam, J.
The plaintiffs are evidently proceeding upon the theory that the goods, though fraudulently purchased by Carpenter & Lockwood, cannot be taken from the rubber company if it in good faith made advances on the security thereof. They claim, however, that 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 be decided if the rubber company specified separately each…
2Cases cited8 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- People of the State of N.Y. v. . TweedNew York Court of Appeals · 1875
- Woods v. De FiganiereThe Superior Court of New York City · 1863
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3Cited by3 opinions
- Mosheim v. PawnCity of New York Municipal Court · 1892
- Farrand v. WittnerAppellate Terms of the Supreme Court of New York · 1913
- Madden v. Underwriting Printing & Publishing Co.The Superior Court of New York City · 1894