Bullis v. Montgomery
New York Supreme Court
This action was tried before the court and a jury, at the November circuit of Greene county, 1868. It appeared that one Edward L. Walters and the defendants, Henry B. Montgomery and Sylvester B. Sage, in January, 1867, under the firm name of Montgomery & Sage, were merchants and copartners at Prattsville, Greene county, N. Y. The latter also owned a blacksmith shop and tools, which, with the stock on hand, was valued at $1,000. On the first of January, 1867, Walters…
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This action was tried before the court and a jury, at the November circuit of Greene county, 1868. It appeared that one Edward L. Walters and the defendants, Henry B. Montgomery and Sylvester B. Sage, in January, 1867, under the firm name of Montgomery & Sage, were merchants and copartners at Prattsville, Greene county, N. Y. The latter also owned a blacksmith shop and tools, which, with the stock on hand, was valued at $1,000. On the first of January, 1867, Walters negotiated with the defendants, Montgomery & Sage, for a purchase of the blacksmith pi-operty and tools, representing himself,…
1Opinion of the Court
By the Court —
Miller, P. J.
The defendants in this action justified under proceedings in an action to recover possession of the property on the ground that Walters, who purchased the property of the defendants Montgomery & Sage, perpetrated a fraud upon them in representing that he was solvent when he was insolvent. That he knew at the time he was insolvent. That he had resolved to make the assignment which he did make within one month after the sale, and before the notes given for the purchase-money had matured, with the intent and for the purpose of defrauding the said defendants. Upon the…
2Cases cited5 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Fitch v. ChapmanSupreme Court of Connecticut · 1833
- Foster v. . BealsNew York Court of Appeals · 1860
- Smith v. WebbNew York Supreme Court · 1847
- Jones v. East Society of Methodist Episcopal ChurchNew York Supreme Court · 1855
3Cited by1 opinion
- Vidvard v. PowersNew York Supreme Court · 1884