Buffington v. Gerrish
Massachusetts Supreme Judicial Court
Replevin for two pipes of brandy, and sundry other articles of merchandise. The defendants pleaded property in one Ezekiel Walker, traversing the property of the plaintiffs, and issue was joined on the traverse.
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Replevin for two pipes of brandy, and sundry other articles of merchandise. The defendants pleaded property in one Ezekiel Walker, traversing the property of the plaintiffs, and issue was joined on the traverse. At the trial of this issue before Wilde, J., at the last October term in this county, it was admitted by the plaintiffs that the articles in question were sold by them to Walker, and that his notes for the stipulated price were received by * them, payable in two and four months from the date; but they contended that the sale was void, on the ground of fraud and deception practised…
1Per curiam
It is not necessary, in this case, to consider whether the property could be reclaimed by the plaintiffs, out of the hands of a bona fide purchaser ignorant of the fraud by which Walker obtained possession. As the possession of the goods by Walker, with the appearance of ownership, was with the consent of the plaintiffs, it is probable such sale would be held good, (a)
The case here is very different. The plaintiffs endeavor to recover their merchandise, as soon as the fraud practised upon them is discovered. It never had become the property of Walker, and the right of the plaintiffs to…
2Cited by42 opinions
- McKamey v. ThorpTexas Supreme Court · 1884
- Root v. FrenchNew York Supreme Court · 1835
- Busenbarke v. RameyIndiana Supreme Court · 1876
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Butler v. CollinsCalifornia Supreme Court · 1859
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