Barnard v. Campbell
New York Supreme Court
APPEAL, by the plaintiffs, from a judgment entered upon the verdict of a jury. The action was in the nature of replevin, to try the title to 1,370 bags of linseed. The jury found a verdict for the defendants, and assessed the value of the property in controversy at $12,624.12.
1Opinion of the Court
By the Court, Fancher, J.
There can be no doubt, on the evidence, that the purchase’ of the linseed by Jeffries & Co. was fraudulent. The sale was void as to them, and the plaintiffs could reclaim from them the property. In either case, whether the sale was conditional for cash on delivery, or upon a credit of ten days, it sufficiently appears by the evidence that Jeffries & Co. made the purchase on the eve of insolvency and with an intent not to pay for the linseed. Their conduct, both before and after- the delivery of the property, fully evinces their fraudulent intent. ' It is, therefore,…
2Cases cited6 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hunter v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Caldwell v. BartlettThe Superior Court of New York City · 1854
- Beavers v. LaneThe Superior Court of New York City · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Benesch v. WaggnerSupreme Court of Colorado · 1889
- Peninsular Stove Co. v. EllisIndiana Court of Appeals · 1898
- Deeley v. DwightNew York Court of Common Pleas · 1890
- Deeley v. DwightNew York Court of Common Pleas · 1890
- Farwell v. PrescottNew York Supreme Court · 1890