Farwell v. Prescott
New York Supreme Court
Appeal from circuit court, Lawrence county. Action by Frederick R. Farwell and another against Lucien J. Prescott. The action was brought to recover the possession of flour worth $64.50, alleged to be the property of the plaintiffs, and wrongfully detained by the defendant. Prior to October 29, 1889, Ellis J. McIntosh was keeping a grocery store in Canton, N. Y. He was insolvent, and knew it. He owed the defendant $1,500 upon a note due October 15th previously.
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Appeal from circuit court, Lawrence county. Action by Frederick R. Farwell and another against Lucien J. Prescott. The action was brought to recover the possession of flour worth $64.50, alleged to be the property of the plaintiffs, and wrongfully detained by the defendant. Prior to October 29, 1889, Ellis J. McIntosh was keeping a grocery store in Canton, N. Y. He was insolvent, and knew it. He owed the defendant $1,500 upon a note due October 15th previously. The defendant on that day at Ogdensburgh, 25 miles distant from Canton, met McIntosh, and pressed him for payment, or for security.…
1Opinion of the CourtLandon, J.
We adopt the opinion of the learned trial court. As between McIntosh and the plaintiffs, the fraud of McIntosh in not intending to pay for the flour gave the plaintiffs the better title to it. The fact that McIntosh after delivery had the right to reject the flour, if upon, inspection it should not be found to conform to his order, was McIntosh’s right, and not in any respect a right of the plaintiffs. The plaintiffs’ delivery was complete, and McIntosh thereupon could instantly sell the flour to a bona fide purchaser for value. Defendant was such a purchaser. The plaintiffs, however, contend…
2Cases cited3 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Barnard v. CampbellNew York Supreme Court · 1873