Deimel v. Olney
New York Supreme Court
I. Special Term;. Jcmuary, 1886. Motion for bill of particulars. Henry A. Deimel and another brought this action of replevin against William It. Olney, alleging merely a wrongful taking of trunks, the property of the plaintiffs, and a wrongful detention thereof after due demand.
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I. Special Term;. Jcmuary, 1886. Motion for bill of particulars. Henry A. Deimel and another brought this action of replevin against William It. Olney, alleging merely a wrongful taking of trunks, the property of the plaintiffs, and a wrongful detention thereof after due demand. But in the affidavit for the requisition in replevin, it was alleged that the trunks were purchased of the plaintiffs by one Potter by means of false and fraudulent statements and representations concerning his solvency, and with the design and intent of not paying for the same, and that the defendant merely claimed…
1Opinion of the CourtMerwin, J.
The action is in replevin. The plaintiffs claim to be still owners of certain goods obtained from them by the assignors of the defendant. There was in form a contract of sale and purchase, but this the plaintiffs claim to treat as void by reason of fraud. The real issue then apparently is whether a fraud was practised on plaintiffs in the obtaining of the goods. The complaint simply alleges ownership in the plaintiff. The defendant is not claimed to be connected with any fraud, but is not in a position to assert any better title than his assignors could.
Were the action in such a form that the…
2Cases cited8 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Cohn v. . GoldmanNew York Court of Appeals · 1879
- Butler v. VieleNew York Supreme Court · 1861
- Orvis v. DanaNew York Court of Common Pleas · 1876
- Willis v. BaileyNew York Supreme Court · 1822
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