Legal Opinion

Rochester Distilling Co. v. Devendorf

New York Supreme Court

Decided October 20, 1893PublishedCited by 6 opinions

Action by the Rochester Distilling Company against Stewart L. Devendorf for false representations in the purchase of goods. There was a judgment of nonsuit, and plaintiff moves for a new trial on exceptions ordered to be heard in the first instance at the general term.

1Opinion of the CourtLewis, J.

The defendant purchased of the plaintiff on the 27th day of January, 1891, a bill of liquors of the value of $251.73. The plaintiff recovered a judgment in the supreme court against the defendant for the purchase price of the goods on the 27th day of June, 1891. An execution was issued thereon to the sheriff, which was returned unsatisfied in whole. Proceedings supplementary to execution were thereafter instituted against the defendant. The plaintiff, having learned that the defendant, before the recovery of said judgment, had sold and transferred the goods to his wife, Mary M. Devendorf,…

2Cases cited4 opinions

  1. Powers v. . BenedictNew York Court of Appeals · 1882
  2. Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886
  3. Farwell v. MyersMichigan Supreme Court · 1886
  4. Sleeper v. DavisSupreme Court of New Hampshire · 1886

3Cited by6 opinions

  1. Kennedy v. EderIndiana Court of Appeals · 1923
  2. Fluegelman v. ArmstrongAppellate Terms of the Supreme Court of New York · 1908
  3. Fields v. JarnaginSupreme Court of Arkansas · 1947
  4. Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1894
  5. Shaut v. SchaurothAppellate Division of the Supreme Court of the State of New York · 1899

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