Robinson v. Dauchy
New York Supreme Court
This was an action of replevin, brought to recover sundry articles of merchandise which were claimed to be the property of the plaintiffs.
Read the full summary
This was an action of replevin, brought to recover sundry articles of merchandise which were claimed to be the property of the plaintiffs. The declaration contained three counts for the detention of the goods by the defendants; alleging that they received the same from the plaintiffs, Aaron P. Kline and Nehemiah Hodge, respectively, to be delivered to the plaintiffs when requested, and that the defendants refused to deliver the goods to the plaintiffs, although often requested. The plea was the general issue. The cause was tried before Pabkeb, C. Judge, at the Rensselaer circuit, in Nov.…
1Opinion of the Court
By the Court,
Willard, J. -
The goods in question were purchased of the plaintiffs under false pretences amounting to a felony. (2 R. S. 677, § 53. Id. 702, § 30. The People v. Haynes, 14 Wend. 546.) Prima facie, the law of Massachusetts, where the fraud was committed, is like our own; and when no proof is given on the subject, our courts will act on their own laws. (2 Hill, 201, 2. 22 Wend. 322 to 324. 2 *30Hill’s S. C. Rep. 319. Note to Hoffman v. Carow, 22 Wend. 285.) Where goods are stolen, or obtained by means of a fraud amounting to a felony, the vendor may retake the goods, even as against…
2Cases cited4 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818
- Andrew v. DieterichNew York Supreme Court · 1835
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by28 opinions
- Flint v. DennisonCourt of Appeals for the Ninth Circuit · 2007
- Fassett v. . SmithNew York Court of Appeals · 1861
- Clark v. PinneyNew York Supreme Court · 1826
- The People v. . LyonNew York Court of Appeals · 1885
- Cochran v. StewartSupreme Court of Minnesota · 1875
23 more not listed; retrieve them via the Exa API.