Ramsdell v. Morgan
New York Supreme Court
This was an action of trover, tried at the New-York circuit in September, 1834, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of trover, tried at the New-York circuit in September, 1834, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for a- quantity of merchandize obtained fraudulently from the plaintiffs, in the city of New-York, by one Michael Cannavan, and deposited by him, together with other merchandize also fraudulently obtained from other merchants in New-York, with the defendant, an auctioneer, in the city of Albany, who made advances upon the goods. The whole amount of goods deposited with the defendant between the sixth and twenty-seventh days of July,…
1Opinion of the Court
By the Court, Cowen, J.
There must be a new trial. There is a solecism on the face of the expression, “ a bona fide purchaser on usury.” Where the sale of goods appears to the jury to be above all suspicion, we have protected it, natwithstanding the fraud of the vendor in obtaining them, if the fraud come short of a felony. In this we have gone beyond the English cases, which are cautiously restrained to the transfer of negotiable paper, as founded on the paramount interests of commerce. We have also gone beyond them in protecting a holder under a usurious indorsement, so far as to enable him…
2Cases cited1 opinion
- Livingston v. HarrisNew York Court of Chancery · 1831
3Cited by26 opinions
- Livingston v. HollenbeckNew York Supreme Court · 1847
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Schneider v. SellersTexas Supreme Court · 1905
- Williams v. . TiltNew York Court of Appeals · 1867
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