Sleeper v. Davis
Supreme Court of New Hampshire
Replevin for goods bought from the plaintiffs by. one Nellie Davis, and by her sold to the defendants. Facts agreed. The plaintiffs claim to hold the goods on the ground that they were purchased with a fraudulent intent on the part of said Nellie Davis of not paying for them, which entitled the plaintiffs to rescind the sale. The officer found a portion of the goods, and delivered them to the plaintiffs.
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Replevin for goods bought from the plaintiffs by. one Nellie Davis, and by her sold to the defendants. Facts agreed. The plaintiffs claim to hold the goods on the ground that they were purchased with a fraudulent intent on the part of said Nellie Davis of not paying for them, which entitled the plaintiffs to rescind the sale. The officer found a portion of the goods, and delivered them to the plaintiffs. A few days after, the plaintiffs brought an action of assumpsit against Nellie Davis to recover the price of that portion of the goods not taken on the replevin writ; and judgment has been…
1Opinion of the CourtAllen, J.
The fraudulent purchase of the goods by Nellie Davis entitled the plaintiffs to rescind the contract of sale and recover them as their own by an action of replevin, or their value by an action of trover. The same right existed in favor of the plaintiffs against the defendants, who purchased and took the goods of the fraudulent vendee, unless tire purchase was made in good faith by the defendants’ relying on their vendor’s apparent title, with no notice of the fraud, and for a valuable consideration paid at the time. Bradley v. Obear, 10 N. H. 477; Kingsbury v. Smith, 13 N. H. 109; Farley v.…
2Cases cited9 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Devoe v. . BrandtNew York Court of Appeals · 1873
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- Barnard v. . CampbellNew York Court of Appeals · 1874
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