Delaware v. Ensign
New York Supreme Court
MOTION by the plaintiff for a new trial, upon a case. The complaint contained three counts or causes of action. The first charged the defendant with unlawfully taking from the plaintiff a quantity of personal property and converting the same to his own use. The second charged the defendant with unlawfully refusing to deliver to the plaintiff a quantity of personal property belonging ■ to him, and with unlawfully converting the same to the defendant’s use.
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MOTION by the plaintiff for a new trial, upon a case. The complaint contained three counts or causes of action. The first charged the defendant with unlawfully taking from the plaintiff a quantity of personal property and converting the same to his own use. The second charged the defendant with unlawfully refusing to deliver to the plaintiff a quantity of personal property belonging ■ to him, and with unlawfully converting the same to the defendant’s use. The third count charged the defendant with unlawfully and forcibly breaking and entering the .plaintiff’s close and freehold, and with…
1Opinion of the CourtBockes, J.
If Potter was not too much intoxicated when he sold out his stock in trade and demands to the plaintiff, to have any intent whatever, it was a fair question for the jury to determine from the evidence, whether the sale was not made with intent to hinder, delay or defraud his creditors in the collection of their debts. The wholesale nature of the transaction—selling goods then but recently purchased and not yet received—including debts not examined or inventoried : the inadequacy of consideration agreed to be paid, and the secret removal of property immediately after the sale, emphatically…
2Cited by10 opinions
- Stein v. MunchSupreme Court of Minnesota · 1878
- Leinkauff v. Frenkle & Co.Supreme Court of Alabama · 1885
- Dobyns v. MeyerMissouri Court of Appeals · 1885
- Wells v. LangbeinU.S. Circuit Court for the District of Northern Iowa · 1884
- Daly v. MathewsNew York Supreme Court · 1860
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