Abbey v. . Deyo
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Oourt in the third judicial district, affirming a judgment entered upon a verdict in favor of the plaintiff. This was an action of replevin, brought to recover feed, flour, grain, &e., belonging to the plaintiff and levied on in November, 1861, by execution against the husband of the plaintiff. Upon the first trial the plaintiff was nonsuited.
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Appeal from an order of the General Term of the Supreme Oourt in the third judicial district, affirming a judgment entered upon a verdict in favor of the plaintiff. This was an action of replevin, brought to recover feed, flour, grain, &e., belonging to the plaintiff and levied on in November, 1861, by execution against the husband of the plaintiff. Upon the first trial the plaintiff was nonsuited. A new trial was granted by the General Term (reported 44 Barb., 374), upon which a verdict was rendered for the plaintiff, and judgment entered thereupon was affirmed by the General Term. The…
1Concurrence
There was some evidence tending to show that the plaintiff carried on the business through her husband as her agent, and that all the property was purchased by her and in her name through her husband as her agent. Whether the business was thus carried on and the property thus purchased really and in good faith for her, or whether it was all a mere cover and really for her husband, to keep his property out of the reach of his creditors, were questions of fact fairly submitted to the jury, and their verdict for the plaintiff is, as to these questions, final and conclusive. Since the passage of…
2Cases cited6 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Gage v. . DauchyNew York Court of Appeals · 1866
- Buckley v. . WellsNew York Court of Appeals · 1865
- Draper v. . StouvenelNew York Court of Appeals · 1866
- Sammis v. . McLaughlinNew York Court of Appeals · 1866
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