Allison v. Matthieu
New York Supreme Court
THIS was an action of trover for certain articles of furniture. The cause was tried at the last Sittings in Nexo-York, before Mr. Chief Justice Kent. At the trial, it was proved that the defendant and one Le Blanc, about the 1st of October, 1804, came to the shop of the plaintiff, who is a cabinet-maker, when the defendant said to the plaintiff, that Le Blanc wished to buy some furniture.
Read the full summary
THIS was an action of trover for certain articles of furniture. The cause was tried at the last Sittings in Nexo-York, before Mr. Chief Justice Kent. At the trial, it was proved that the defendant and one Le Blanc, about the 1st of October, 1804, came to the shop of the plaintiff, who is a cabinet-maker, when the defendant said to the plaintiff, that Le Blanc wished to buy some furniture. They selected several valuable articles, (amounting to 389 dollars and 50 cents) which by their directions were packed up and sent to the house of the defendant, on the 6th of October, 1804, which, according…
1Per curiam
The action is clearly maintainable. As .fraud would vitiate and avoid the sale, it was competent-for the plaintiff to go into evidence of the fraud. ..The question was, under what circumstances, and with what intention the defendant acquired the possession of the property; or, in other words, whether the property passed from the .plaintiff ? For this purpose the evidence was admissible. It is not pretended that it would not be good evidence against Le Blanc; and if so, it was ad- . missible to show that the defendant was connected with him in the transaction, and' privy to the fraud; and…
2Cited by9 opinions
- Wafer v. Harvey County BankSupreme Court of Kansas · 1891
- Moline-Milburn Co. v. FranklinSupreme Court of Minnesota · 1887
- Rateau v. BernardU.S. Circuit Court for the District of Southern New York · 1854
- Gibson v. Cincinnati EnquirerU.S. Circuit Court for the District of Southern Ohio · 1877
- Day v. New England Car-Spring Co.U.S. Circuit Court for New York · 1854
4 more not listed; retrieve them via the Exa API.