Acker v. Campbell
New York Supreme Court
Error from the superior court of the city of New-York. This was an action of replevin for taking and detaining 28 barrels of flour, brought by Campbell, Wade & Co., the defendants in error, against the plaintiff in er--for.
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Error from the superior court of the city of New-York. This was an action of replevin for taking and detaining 28 barrels of flour, brought by Campbell, Wade & Co., the defendants in error, against the plaintiff in er--for. A special verdict was found by the jury, from which it appears that Campbell, Wade & Co., transacting business in New-York as flour merchants, on Friday, the 2d February, 1838, sold to one Hooker, a flour dealer in the same city, 28 barrels of flour.; the sale was a cash sale ; a part of the flour was delivered to Hooker on the day of the sale, and the residua on the next…
1Opinion of the Court
Nelson, Ch J.
By the Court, There can be no doubt but that a gross fraud was practised upon the plaintiffs below in the purchase of the flour; and that upon principles well settled, and repeatedly appflied in like cases, arising out of the usual course of dealing in the city, there was, in judgment of law no change of property or possession by the delivery to Hooker. Russell v. Minor, 22 Wendell, 659. 7 Taunton, 59. 1 Barn. & Cres. 514. 4 Bingham, 476.
*374*The law abhors and avoids every sale infected with fraud, and [ *374 ] disables the guilty .party from setting up the contract, or deriving any…
2Cases cited4 opinions
- Marshall v. DavisNew York Supreme Court · 1828
- Andrew v. DieterichNew York Supreme Court · 1835
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by4 opinions
- Paige v. O'NealCalifornia Supreme Court · 1859
- Boulware v. CraddockCalifornia Supreme Court · 1866
- Ledley v. HaysCalifornia Supreme Court · 1850
- Hutkoff v. . DemorestNew York Court of Appeals · 1886