Higgins v. Lodge
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception.—The plaintiffs offered three prayers, the third of which was as follows: 3. That the plaintiffs are not precluded from recovering in this action by reason of. any advances made to Hirsch Levy, or expenses incurred by the defendant upon the goods replevied, if the jury shall find that at the time said goods were delivered to him, the defendant had knowledge of…
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception.—The plaintiffs offered three prayers, the third of which was as follows: 3. That the plaintiffs are not precluded from recovering in this action by reason of. any advances made to Hirsch Levy, or expenses incurred by the defendant upon the goods replevied, if the jury shall find that at the time said goods were delivered to him, the defendant had knowledge of circumstances calculated to put a man of ordinary prudence and caution upon inquiry as to whether said Levy was not perpetrating…
1Opinion of the CourtBryan, J.
Lodge and others replevied certain goods from Higgins. The evidence tended to show that one Hirsch Levy had made a fraudulent purchase of these goods from the plaintiffs ; and that he had sent them for public sale to the defendant, who was an auctioneer. The defendant had made advances of money on them.
On the supposition that the purchase of the goods from the plaintiffs had been accomplished by the fraud of Levy, it is not questioned that it was void at the election of the sellers, and that they could have reclaimed their property from him. But if he sold them to a bona fide purchaser…
2Cases cited4 opinions
- Baynard v. NorrisCourt of Appeals of Maryland · 1847
- Green v. EarlyCourt of Appeals of Maryland · 1874
- Powell v. Josiah Bradlee & Co.Court of Appeals of Maryland · 1837
- Abrams v. SheehanCourt of Appeals of Maryland · 1874
3Cited by13 opinions
- Poffenberger v. RisserCourt of Appeals of Maryland · 1981
- Hecht v. Resolution Trust Corp.Court of Appeals of Maryland · 1994
- Blondell v. TuroverCourt of Appeals of Maryland · 1950
- Fertitta v. Bay Shore Development Corp.Court of Appeals of Maryland · 1969
- Williams v. Skyline Development Corp.Court of Appeals of Maryland · 1972
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