Fraschieris v. Henriques
New York Court of Common Pleas
Appeal from a judgment. This action was/brought 'by Jose Fraschieris against David M. Henriques and Thomas J. Ferris. The plaintiff alleged that Henriques, when on the verge of insolvency, by fraudulently concealing the fact from the plaintiff, and representing to him that he was prosperous in business, induced the plaintiff to consign to him segars tp the value of forty thousand dollars. The defendant Ferris claimed as a purchaser.
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Appeal from a judgment. This action was/brought 'by Jose Fraschieris against David M. Henriques and Thomas J. Ferris. The plaintiff alleged that Henriques, when on the verge of insolvency, by fraudulently concealing the fact from the plaintiff, and representing to him that he was prosperous in business, induced the plaintiff to consign to him segars tp the value of forty thousand dollars. The defendant Ferris claimed as a purchaser. These goods the plaintiff unsuccessfully sought to retake under a claim of stoppage in transit, the circumstances of which are stated in the opinion of Babbett,…
1Opinion of the CourtBy the Court. Barrett, J.
The question whether Henriques obtained the goods with the preconceived idea not to pay for them, was properly submitted to the jury. Ferris was not a bona fide purchaser for present value; and the facts upon that head being undisputed, the question was one of law for the court. Such being the case, the request to charge that Ferris was not responsible if he took the goods in good faith and for a valuable consideration, must be viewed as a mere abstract proposition. I find, however, that the refusal to charge as thus requested was subsequently qualified, both generally and by a reference to…
2Cases cited7 opinions
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Harris v. HartThe Superior Court of New York City · 1857
- Richmond v. TallmadgeNew York Supreme Court · 1819
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1845
- Burnham v. WinsorDistrict Court, D. Massachusetts · 1843
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