Legal Opinion

Button v. . Rathbone, Sard Co.

New York Court of Appeals

Decided April 14, 1891PublishedCited by 34 opinions

- Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of plaintiff, entered upon an order made the first Tuesday of January, 1891, which denied a motion for a new trial on exceptions ordered to be heard in the first instance at General Term, and directed judgment on a verdict. This action was brought to recover the value of certain personal property alleged to belong to plaintiff and to have been converted by defendant.

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- Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of plaintiff, entered upon an order made the first Tuesday of January, 1891, which denied a motion for a new trial on exceptions ordered to be heard in the first instance at General Term, and directed judgment on a verdict. This action was brought to recover the value of certain personal property alleged to belong to plaintiff and to have been converted by defendant. The facts, so far as material, are stated in the opinion. The defendant was a hona fide purchaser, and as against it the…

1Opinion of the CourtO’ Brien, J.

The appeal in this case involves the title to certain personal property which the owner, at the time, transferred to both parties to the action, at different dates and under-different circumstances. Thus far the claim of the plaintiff has prevailed. The property, consisting of a quantity of stoves and their outfit, was originally sold and delivered by the defendants to one Francis Tully on credit. On the 13th of June, 1884, the defendants’ debt remaining due and unpaid, Tully, by instrument in writing, Sold and transferred the property to the defendants in consideration of $968.65, which the…

2Cases cited7 opinions

  1. Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
  2. Thompson v. . Van VechtenNew York Court of Appeals · 1863
  3. Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
  4. Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
  5. Steele v. . BenhamNew York Court of Appeals · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
  2. Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
  3. Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
  4. Lemon v. WolffCalifornia Supreme Court · 1898
  5. Sheldon v. . WickhamNew York Court of Appeals · 1900

29 more not listed; retrieve them via the Exa API.

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