Rochester Distilling Co. v. Devendorf
New York Supreme Court
Appeal from circuit court, Monroe county. Action by the Rochester Distilling Company against Mary M. Devendorf to recover possession of personal property sold by pla'ntiff to defendant’s husband. Stewart L. Devendorf, and by him transferred to defendant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtHaight, J.
This action is in replevin to recover the possession of personal property. The defense is that the goods replevined *201were sold by the plaintiff to Stewart L. Devendorf, the husband of the defendant; that subsequently the plaintiff brought an action against him in the supreme court, and recovered judgment for the purchase price thereof; that the defendant is the owner of the goods; and that she purchased them of her husband in good faith, for a valuable consideration. The action was prosecuted upon the theory that Devendorf, at the time he purchased the goods, falsely represented to the…
2Cases cited12 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Morris v. . RexfordNew York Court of Appeals · 1859
- Weaver v. . BardenNew York Court of Appeals · 1872
- Moller v. . TuskaNew York Court of Appeals · 1881
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
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3Cited by5 opinions
- Albany Hardware & Iron Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1896
- Remmel v. TownsendNew York Supreme Court · 1894
- Albany Hardware & Iron Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1896
- Ranger ex rel. Bondholders of the Tennessee Central Railroad v. ThalmannNew York Supreme Court · 1902
- William A. Thomas Co. v. HolstAppellate Terms of the Supreme Court of New York · 1910