Blaut v. Gabler
New York Court of Common Pleas
Appeal by the plaintiff from a judgment of this court entered upon a verdict, and from an order denying a motion on the minutes for a new trial. This action was brought by Joseph F. Blaut against Ernst Gabler to recover nine pianos, or their value, which pianos were alleged in the complaint to belong to plaintiff, and to have been wrongfully taken by the defendant from the plaintiff’s possession.
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Appeal by the plaintiff from a judgment of this court entered upon a verdict, and from an order denying a motion on the minutes for a new trial. This action was brought by Joseph F. Blaut against Ernst Gabler to recover nine pianos, or their value, which pianos were alleged in the complaint to belong to plaintiff, and to have been wrongfully taken by the defendant from the plaintiff’s possession. The defence set up by Gabler, and by Charles Rodman, as assignee for the benefit of creditors of A mold Strauss, ordered upon his own application to be made a party defendant, was that the pianos…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The question whether the sale of the pianos to the plaintiff was made with intent to hinder, delay, or defraud creditors was, under the statute (2 R. S. 137, § 4), a question of fact and not of law, which the court was bound to leave to the jury, and the plaintiff’s motion for judgment at the close of the defendant’s evidence was properly denied.
If there is no evidence showing, or tending to show, such a fraudulent intent, the verdict of the jury will, of course, be set aside, and a new trial ordered. But this is not such a case. There was not only ample…
2Cases cited1 opinion
- Seymour v. . WilsonNew York Court of Appeals · 1856
3Cited by4 opinions
- Durfee v. BumpNew York Supreme Court · 1889
- Machauer v. FogelAppellate Terms of the Supreme Court of New York · 1897
- Starin v. KellyThe Superior Court of New York City · 1880
- Rindskopf v. MyersWisconsin Supreme Court · 1890