Raphael v. Reinstein
Massachusetts Supreme Judicial Court
Replevin of certain clothing. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows. The plaintiffs, who were wholesale clothing dealers, before October 28, 1889, sold various lots of clothing to one Levy, who was a retail clothing dealer, who never paid for them. On that day Levy made an assignment for the benefit of creditors to the defendant, and the latter took possession of the goods.
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Replevin of certain clothing. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows. The plaintiffs, who were wholesale clothing dealers, before October 28, 1889, sold various lots of clothing to one Levy, who was a retail clothing dealer, who never paid for them. On that day Levy made an assignment for the benefit of creditors to the defendant, and the latter took possession of the goods. The plaintiffs on the same day, upon learning of this assignment, brought this action, and took from the defendant the clothing…
1Opinion of the CourtMortost, J.
The plaintiffs in this case, after discovering the fraud through which they were induced by the defendant to make the sale, could affirm or rescind the sale. They elected by bringing their writ of replevin to rescind it. That action was based on a claim entirely inconsistent with a valid sale on their part. It rested on the ground that the defendant had wrongfully obtained the goods by misrepresentation and fraud. Having once elected to rescind the sale, and having by their action effectively done so, the plaintiffs could not afterwards change their mind, and treat the sale as a valid one,…
2Cases cited7 opinions
- Young & Conant Manufacturing Co. v. WakefieldMassachusetts Supreme Judicial Court · 1876
- Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
- Sanger v. WoodNew York Court of Chancery · 1818
- Seavey v. PotterMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- West End Manufacturing Co. v. P. R. Warren Co.Massachusetts Supreme Judicial Court · 1908
5 more not listed; retrieve them via the Exa API.