Equitable Co-Operative Foundry Co. v. Hersee

Smith, P. J. :

Trover for certain stoves and stove furniture claimed to be the property of the plaintiff, and to have been converted by the defendant to his own use. The property in question was sold and delivered by the plaintiff in the summer and fall of 1876, to the firrft of M. Fisher & Co., on credit. The firm was composed of Martin Fisher and Sanford Whiting, and was engaged in the business of selling stoves and hollow-ware, in the city of Buffalo, where the defendant resided. At the time of the purchase, the firm was insolvent, and was indebted in a large amount, nearly $10,000 of which…