Brisbane v. . Adams
New York Court of Appeals
Brisbane- brought trover against Adams in (the superior court of the city of New-York, to recover the value of a standing press, and two transferring machines used in the business of engraving bank notes.
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Brisbane- brought trover against Adams in (the superior court of the city of New-York, to recover the value of a standing press, and two transferring machines used in the business of engraving bank notes. The case was this: In February, 1841, one Durand, then the owner of the property in question, mortgaged it to the plaintiff to secure the payment of the sum of $2750. In March, 1843, the defendant distrained upon the property for rent due from Durand, the mortgagor, and on the sale under the warrant, became the purchaser; but whether he purchased on his own account, or for the plaintiff, was…
1Opinion of the CourtShankland, J.
If the arrangement which Dean professes to have made with the defendant, to bid off the property in question for the plaintiff, also included an agreement or understanding that Dean, or any other person, should abstain from bidding at the sale, the whole agreement would be adjudged void, on grounds of public policy; and no action could be sustained to enforce it. (Wilber v. How, 8 John. 444; Jones v. Caswell, 3 John. Cas. 29; Thompson v. Davies, 13 John. 112 ; Doolin v. Ward, 6 id. 194.)
But the testimony of Dean was not sufficiently explicit on this point, to warrant the court in granting a…
2Cases cited2 opinions
- Thompson v. DaviesNew York Supreme Court · 1816
- Wilbur v. HowNew York Supreme Court · 1811
3Cited by6 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Fowler v. LockwoodNew York Surrogate's Court · 1877
- Goldman v. OppenheimIndiana Supreme Court · 1889
- In re the Probate of the Last Will & Testament of KissamNew York Surrogate's Court · 1908
- Myers v. DeanNew York Court of Common Pleas · 1894
1 more not listed; retrieve them via the Exa API.