Legal Opinion

Dunham v. Cressy

New York Supreme Court

Decided January 28, 1889PublishedCited by 4 opinions

Appeal from special term, New York county. Action by James H. Dunham and others against Thaddeus B. Cressy and others. Plaintiffs appeal from an order setting aside service of summons upon defendants.

1Opinion of the CourtMacomber, J.

If any cause of action existed in favor of the plaintiffs against the defendants, it arose out of the purchase by the defendants of certain goods of one Glazier. The plaintiffs claim that Glazier had obtained from them a large amount of merchandise, under circumstances which would stamp his possession of it as fraudulent, and the only claim against the defendants arose from their purchase of a portion of such merchandise from Glazier. There is nothing, however, in the affidavits to show that the defendants had any knowledge of the embezzlement of Glazier, or that he did not have full power to…

2Cited by4 opinions

  1. Allen v. WhartonNew York Supreme Court · 1891
  2. Garabettian v. GarabettianAppellate Division of the Supreme Court of the State of New York · 1923
  3. Higgins v. DeweyNew York Court of Common Pleas · 1891
  4. Higgins v. DeweyCity of New York Municipal Court · 1890

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