Tappan v. Powers
The Superior Court of New York City
This was a special action upon the case against the defendants, for obtaining goods of the plaintiffs by a fraudulent combination, and under false pretences. The declaration contained two counts.
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This was a special action upon the case against the defendants, for obtaining goods of the plaintiffs by a fraudulent combination, and under false pretences. The declaration contained two counts. The first set forth that the plaintiffs, during the time of the wrongs complained of, were partners, dealing in dry goods in the city of New-York, and transacting business under the name of Arthur Tappan & Co. That during the same period, Thomas A. Powers, one of the defendants, was indebted to Thomas E. Davis, another of the defendants, in the sum of $5000 and upwards, which he was wholly unable to…
1Opinion of the Court
Oakley J.
The first count of the declaration in this cause, states, in substance, that Powers being indebted to Davis, in a large sum of money, which he was unable to pay, and for which a bond and warrant of attorney, to confess a judgment thereon, bad been executed to Davis ; a combination was entered into by all the defendants, with the intent to defraud the plaintiffs, and Other merchants in the city of New-Yorlc, and to get property into the hands of Powers, with the view that Davis might seize it for the satisfaction of his said debt. That, as a part of the said fraudulent plan, the sum…
2Cited by9 opinions
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Bush v. SpragueMichigan Supreme Court · 1883
- Murray v. McGarigleWisconsin Supreme Court · 1887
- Lee v. TaylorNew York Supreme Court · 1890
- Miller v. JohnAppellate Court of Illinois · 1903
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