Tuthill v. . Skidmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action of replevin.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action of replevin. On September 11, 1886, the plaintiffs, under their firm name of Ellsworth Tuthill & Co., and Walter E. Lawton, doing business under the name of Lawton Brothers, entered into the following written contract: “September 11, 1886. “ Sold for account of Messrs. Ellsworth Tuthill &…
1Opinion of the Court
Follett, Ch. J.
It will be assumed that the title to the property passed to the vendee, which is the most favorable view which can be taken of the case for the defendants.
Permitting commercial paper to be dishonored by one engaged in commerce, and his property to be attached in an action in which judgment is subsequently recovered by default is evidence, and if unexplained is proof of insolvency. (Brown v. Montgomery, 20 N. Y. 287; Booth v. Powers, 56 id. 22, 32; Abb. Tr. Ev. 616.)
Reither party asserting at the trial that Lawton’s solvency was a question of fact for the jury, the court was…
2Cases cited7 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Brown v. . MontgomeryNew York Court of Appeals · 1859
- Kerr v. . HaysNew York Court of Appeals · 1866
- Hudson v. . SwanNew York Court of Appeals · 1881
- Southworth v. . BennettNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Moore v. . PotterNew York Court of Appeals · 1898
- D. K. Porter, Trustee in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. SearleCourt of Appeals for the Tenth Circuit · 1955
- Williams v. AsheCalifornia Supreme Court · 1896
- D'Aprile v. Turner-Looker Co.New York Court of Appeals · 1925
- McBryde Sugar Co. v. Koloa Sugar Co.Hawaii Supreme Court · 1908
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