Nowell v. Gilbert
New York Supreme Court
Appeal from judgment on report of a referee. Action by Samuel J. Howell and William A. Presby against Frank T. Gilbert, sheriff of Erie county, to recover the possession of certain personal property. Judgment for plaintiffs on the report of a referee, and defendant appeals.
1Opinion of the CourtBradley, J.
The plaintiffs were wholesale dealers in woolen goods in the city of Hew York, and sold to. one Moses ¡Ruslander 48 pieces of such goods, which is the property in question. The action is founded upon the charge *526that the plaintiffs were induced by fraud on his part to sell and deliver such goods to him; and the evidence was sufficient to warrant that conclusion. That question of fact will therefore be deemed1 disposed of by the finding of the referee. The defendant, on November 18, 1886, by virtue of six executions issued upon judgments entered the day before upon confessions of Ruslander,…
2Cases cited9 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Decker v. . JudsonNew York Court of Appeals · 1857
- Blair v. . WaitNew York Court of Appeals · 1877
- Diossy v. . MorganNew York Court of Appeals · 1878
- Winegar v. . FowlerNew York Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dale v. GilbertNew York Supreme Court · 1891