Fraschieris v. Henriques
New York Supreme Court
MOTIOH for a new trial, upon a case and exceptions, ordered to be heard in the first instance at the general term, the judgment being in the meantime suspended.
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MOTIOH for a new trial, upon a case and exceptions, ordered to be heard in the first instance at the general term, the judgment being in the meantime suspended. The complaint alleged that in August, 1857, the plaintiff, at Havana, in the island of Cuba, consigned to the defendant Henriques, at the city of Hew York, a quantity of cigars of the value of $36,102.18; that said cigars arrived in the port of Hew York prior to the 26th day of September, and were deposited in a public storehouse, used for the purpose of storing goods prior to the payment of duties thereon, where said cigars remained…
1Opinion of the CourtLeonard, J.
When it is conceded, as it must be on authority, that no-tender or-' offer to surrender the promissory notes or other -negotiable paper is necessary before the commencement of. an action to recover the possession of goods fraudulently purchased, where the vendee only is liable thereonj and that the: production!of the paper at the trial-and there offering to surrender or cancel it is sufficient, it is difficult to find any sound reason in principle for holding that there is a necessity that the vendor ¡should have had the possession of the paperj or the -power -to surrender it-at the time the…
2Cited by3 opinions
- Central Bank v. PindarNew York Supreme Court · 1866
- White v. DoddsNew York Supreme Court · 1863
- Pequeno v. TaylorNew York Supreme Court · 1862