Hoffman v. Carow
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Carow brought an action of trover in the superior court of the city of New-York, against Hoffman & Co. auctioneers in the city of Baltimore, in the State of Maryland, for a quantity of merchandize stolen from the plaintiff in the city of New-York, and forwarded by the thief to the defendants to be sold at auction.
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Error from the supreme court. Carow brought an action of trover in the superior court of the city of New-York, against Hoffman & Co. auctioneers in the city of Baltimore, in the State of Maryland, for a quantity of merchandize stolen from the plaintiff in the city of New-York, and forwarded by the thief to the defendants to be sold at auction. The thief was indicted and convicted of the felony in May 1833, previous to which time the goods had been sold and the proceeds paid over by the defendants to the thief, without notice of the felony. The suit was commenced in October, 1834, against the…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
The simple question presented for our decision in this case is, whether the purchaser of stolen goods, who afterwards sells them as his own to a bona fide purchaser, is liable to the owner of the goods, in an action of trover for such conversion thereof to his own use ? One of the members of this court, . upon the argument, supposed the bare statement of such a case was sufficient to enable the court to decide it without further argument: and I thought so too, until one of the learned and very able counsel for the…
2Cases cited2 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Everett v. CoffinNew York Supreme Court · 1831
3Cited by49 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Fitch v. NewberryMichigan Supreme Court · 1843
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
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