Matteawan Co. v. Bentley
New York Supreme Court
This was a motion by the defendants, Bentley and Jones, for a new trial upon a case.. The cause was tried at the Dutchess circuit, in December, 1851, before Justice Morse. The action was brought to recover the value of personal property alledged to have been fraudulently obtained from the plaintiffs, by the defendant Bentley, on or about December 22,1849, at their manufactory at Matteawan, in Dutchess county.
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This was a motion by the defendants, Bentley and Jones, for a new trial upon a case.. The cause was tried at the Dutchess circuit, in December, 1851, before Justice Morse. The action was brought to recover the value of personal property alledged to have been fraudulently obtained from the plaintiffs, by the defendant Bentley, on or about December 22,1849, at their manufactory at Matteawan, in Dutchess county. The property consisted of a lot of machinery mentioned and described in the complaint, made by the plaintiffs to order, upon the application of Bentley, in behalf of himself and the…
1Opinion of the Court
By the Court, Brown, J.
The plaintiffs’ action is brought to recover the value of certain machinery sold to Cutting & Bentley, upon the ground that no title passed, in consequence of the fraudulent representations of the vendees as to their solvency, and ability to pay, at the time of the sale. The defendant Jones was not present at, or a party to, the sale, and has no connection with the property, except that six months after it was made he took a chattel mortgage upon the machinery, as security for a debt due from the defendants Cutting & Bentley. Assuming, for the moment, that the sale is…
2Cases cited1 opinion
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by18 opinions
- Bailey v. FoxCalifornia Supreme Court · 1889
- Stevens v. HydeNew York Supreme Court · 1860
- Hunter v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Gage v. GageSuperior Court of New Hampshire · 1854
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