Sweetman v. Prince
New York Supreme Court
APPEAL by the plaintiff from an order made at a special term, setting aside a verdict, and granting a new trial. The complaint alleged that at the time of the making of the contract and agreement therein set forth,' and for three years previous to the commencement of this action, the defendants were copartners, and were carrying on business as such at Rohr’s mills, in the county of Lewis, under the name, style and firm of John M. Prince & Co., and that the said John M.…
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APPEAL by the plaintiff from an order made at a special term, setting aside a verdict, and granting a new trial. The complaint alleged that at the time of the making of the contract and agreement therein set forth,' and for three years previous to the commencement of this action, the defendants were copartners, and were carrying on business as such at Rohr’s mills, in the county of Lewis, under the name, style and firm of John M. Prince & Co., and that the said John M. Prince did, during the time aforesaid, reside at Rohr’s mills, and carry on the business of the said firm as one of said firm…
1Opinion of the Court
By the Court,
Mullin, J.
It is not necessary to cite authorities to show that a purchaser of personal property cannot defeat a recovery for the price by showing that the property is owned by another, unless he has been-ousted, or there has been a recovery by the true owner. But there is this important qualification of the rule—that if the seller has been guilty of fraud 'or deceit in the sale, proof of the fraud will defeat an action for the price, although there has been no ouster nor recovery had by the true owner. (Case v. Hall, 24 Wend. 102, and cases cited.) The plaintiff’s counsel has not…
2Cases cited4 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Whitney v. LewisNew York Supreme Court · 1839
- Sill v. RoodNew York Supreme Court · 1818
- Lattin v. VailNew York Supreme Court · 1837
3Cited by3 opinions
- Kaplan v. ShapiroNew York Supreme Court · 1907
- Youmans v. PaineNew York Supreme Court · 1895
- Youmans v. PaineNew York Supreme Court · 1895