Stevens v. . Brennan
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Eew York in favor of defendants, entered upon an order overruling exceptions, and directing judgment on an order dismissing the complaint on trial. This action was brought originally by Paran Stevens, as plaintiff, against Matthew T. Brennan, as sheriff, to recover damages for the alleged unlawful taking and conversion of a quantity of furniture.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Eew York in favor of defendants, entered upon an order overruling exceptions, and directing judgment on an order dismissing the complaint on trial. This action was brought originally by Paran Stevens, as plaintiff, against Matthew T. Brennan, as sheriff, to recover damages for the alleged unlawful taking and conversion of a quantity of furniture. Both of the original parties having died during the pendency of the action, the present parties were substituted. The furniture in question was sold by…
1Opinion of the CourtAndrews, J.
Herter Bros., by reason of the fraud of E. A. Stevens, could reclaim the furniture and retake it from his possession, or from the possession of any one except a transferee in good faith and for a valuable consideration. A transfer of goods by a fraudulent purchaser as security for or in payment of a precedent debt does not make the transferee a bona fide purchaser within the rule so as to enable him to hold the goods against the original vendor. There must be a fresh consideration at the time of the transfer to confer a good title as against the true owner. (Root v. French, 13 Wend., 570;…
2Cases cited2 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Root v. FrenchNew York Supreme Court · 1835
3Cited by38 opinions
- Hoag v. . WrightNew York Court of Appeals · 1903
- Neil v. . ThornNew York Court of Appeals · 1882
- Wallace, Elliott & Co. v. CohenSupreme Court of North Carolina · 1892
- C. M. Henderson & Co. v. Gibbs & AllenSupreme Court of Kansas · 1888
- Sweeney v. BixlerSupreme Court of Alabama · 1881
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