Andrew v. Dieterich
New York Supreme Court
Error from the superior court of the city of New-York. Andrew brought an action of replevin against Dieterich for a quantity of carpeting. The defendant pleaded non cepit and non detinet, and gave notice of special matter. On the trial of the cause, it was proved that one John Simmons purchased of the plaintiff carpeting to furnish a house in the city of New-York, for which carpeting he was to pay cash.
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Error from the superior court of the city of New-York. Andrew brought an action of replevin against Dieterich for a quantity of carpeting. The defendant pleaded non cepit and non detinet, and gave notice of special matter. On the trial of the cause, it was proved that one John Simmons purchased of the plaintiff carpeting to furnish a house in the city of New-York, for which carpeting he was to pay cash. The carpeting, according to the custom of trade, was sent, on the 12th December, 1833, to the house occupied by Simmons, in the roll, so that as much as should be required might be cut off,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This subject has been several times before this court, and the cases all sustain the proposition that a fraudulent purchaser acquires no title as against the seller; but as possession is prima facie evidence of property, where the vendor has delivered possession of his goods, with intent not only that the possession but the property shall pass, a bona fide purchaser, from a fraudulent vendee, shall hold the goods in preference to the original owner. The reason is, that the original owner, by putting his goods in the hands of the fraudulent vendee, has reposed…
2Cases cited2 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Ward v. ShawNew York Supreme Court · 1831
3Cited by36 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Fassett v. . SmithNew York Court of Appeals · 1861
- Olyphant v. BakerNew York Supreme Court · 1848
- Butler v. CollinsCalifornia Supreme Court · 1859
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