White v. Dodds
New York Supreme Court
Appeal from a judgment. This was an action brought by James White, Jr., and James Cushing to recover possession of goods alleged to be wrongfully detained by the defendant, James Dodds. The answer contained a general denial, and particularly denied the wrongfulness of the detention.
Read the full summary
Appeal from a judgment. This was an action brought by James White, Jr., and James Cushing to recover possession of goods alleged to be wrongfully detained by the defendant, James Dodds. The answer contained a general denial, and particularly denied the wrongfulness of the detention. On the trial it appeared that the plaintiff had sold goods at two.different times to one Ferguson, who at the first of such times represented himself to the plaintiff as having a stock of goods worth sixteen or seventeen thousand dollars, and as owing not more than six or seven thousand dollars. Upon the second…
1Opinion of the CourtHogeboom, J.
Being unable to concur in the result to which my brother, Miller, has arrived in this case, or in the course of reasoning which'led to it, I proceed to state briefly my own views.
Several questions present themselves for examination:
1st. Was a disaffirmance of the contract in this ease necessary to entitle plaintiffs to recover; and if so, in what way must that disaffirmance be made and shown ?
2d. Was such disaffirmance in fact made, and was it justified by the facts of the case ?
3d. Was a demand of the goods necessary before bringing suit, and in what form was it necessary to be made ?
4th.…
2Cases cited4 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Roth v. PalmerNew York Supreme Court · 1858
- Bliss v. CottleNew York Supreme Court · 1860
- Fraschieris v. HenriquesNew York Supreme Court · 1862
3Cited by5 opinions
- Trankla v. McLeanAppellate Terms of the Supreme Court of New York · 1896
- Equitable Co-Operative Foundry Co. v. HerseeNew York Supreme Court · 1884
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
- Rosenberg v. CohenNew York Marine Court · 1882
- Trankla v. McLeanAppellate Division of the Supreme Court of the State of New York · 1896