McGiffin v. . Baird
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover the purchase-price of ten calves alleged to have been sold and delivered by plaintiff to defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover the purchase-price of ten calves alleged to have been sold and delivered by plaintiff to defendant. Defendant set up in his answer, among other things, in substance, that plaintiff was not the owner of the calves, but that they belonged to one Morse, who had notified defendant of his" claim and demanded pay for them. The referee found the following facts: That on or about the 23d day…
1Opinion of the Court
Church, Ch. J.
Assuming that Morse, under the contract of letting to the plaintiff’s assignor, had the legal title to the calves sold to the defendant, I do not see under the adjudications on the subject how the latter can resist the claim to recover the purchase money. First, can he do it upon the ground of fraudulent concealment on the part of the plaintiff as to his title? A conclusive answer to this point is, that there is no finding of fraud by the referee, and we have repeatedly held that we cannot resort to the evidence for the purpose of reversing a judgment. But it would be difficult…
2Cases cited1 opinion
- Burt v. . DeweyNew York Court of Appeals · 1869
3Cited by19 opinions
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- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Close v. CrosslandSupreme Court of Minnesota · 1891
- John St. Auto Wrecking v. Motors InsuranceSuffolk County District Court · 1968
- O'Brien v. . JonesNew York Court of Appeals · 1883
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