Tabakin v. Freiman

This action was brought after, as it is indicated, plaintiffs had been cheated by defendant who, concealing his insolvency and representing himself to be solvent, induced them to deliver to a warehouse for him, but on consignment, certain goods of the value of $9,413.90. He gave plaintiffs notes and a check, plaintiffs to retain title to their property until actual payment. Though none of these notes were paid, his bank account having been closed, he took the merchandise from the warehouse and sold it. While he now asserts that most of the merchandise came into the possession of the receiver,…