Legal Opinion

Nichols v. . Pinner

New York Court of Appeals

Decided December 5, 1858PublishedCited by 72 opinions

Appeal from the Supreme Court. The action was for the recovery of the possession of personal property, consisting of goods and merchandise purchased by the defendant Pinner of the plaintiffs, upon the allegation that he purchased the same fraudulently, with the design not to pay for them. The complaint was for the wrongful detention of the property.

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Appeal from the Supreme Court. The action was for the recovery of the possession of personal property, consisting of goods and merchandise purchased by the defendant Pinner of the plaintiffs, upon the allegation that he purchased the same fraudulently, with the design not to pay for them. The complaint was for the wrongful detention of the property. Upon the trial at the Erie Circuit, before Mr. Justice Greene and a jury, it was proved that Pinner was a grocery m irchant in the city of Buffalo, and had been for several years in the habit of purchasing goods of the plaintiffs, in the city of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] That the jury would have been warranted, from the whole evidence in this case, in finding that the assignment was made for the purpose of delaying and defrauding creditors, may perhaps be conceded. The account which Pinner gave of the causes which led to his failure were not very satisfactory. He seems to have been a close buyer of goods, and to have done a good and safe business. The losses proved would scarcely account for so bad a failure.

But the question…

2Cases cited2 opinions

  1. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Mitchell v. WordenNew York Supreme Court · 1855

3Cited by72 opinions

  1. St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
  2. Nichols v. . MichaelNew York Court of Appeals · 1861
  3. Morris v. . TalcottNew York Court of Appeals · 1884
  4. Hall v. . NaylorNew York Court of Appeals · 1859
  5. Kline v. BakerMassachusetts Supreme Judicial Court · 1868

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