Collins v. Brush
New York Supreme Court
This was an action of trespass, tried at the Tompkins circuit in December, 1830, before the Hon. Samuel Nelson, then one of the circuit judges.
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This was an action of trespass, tried at the Tompkins circuit in December, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The suit was for the recovery of damages for the taking of a pair of hurr mill stones and a quantity of pine timber, transferred by one David Ayres to the plaintiff, under the following circumstances: Ayres was a prisoner on the limits at Ithaca, in the county of Tompkins, and desirous to obtain his liberty, induced the attorney of the plaintiff in the execution to accept his draft upon one R. EL Williams for $180, bearing date 23d October, 1829,…
1Opinion of the Court
By the Court,
Sutherland, J.
The judge fell into an
error in his charge to the jury. The property not having been taken possession of by the vendee, but having been left in the possession of Ayres the vendor, from November, 1829, to March or April, 1830, the sale was prima facie fraudulent, as against the creditors of Ayres; and it was incumbent upon the plaintiff Collins to repel that presumption, by showing some satisfactory reason for his omission to take it into his possession. It is not sufficient to show that the sale was upon a valuable consideration; some reason must be shown which the…
2Cases cited2 opinions
- Bissell v. HopkinsNew York Supreme Court · 1824
- Jennings v. Carter & WilcoxNew York Supreme Court · 1829
3Cited by3 opinions
- Randall v. ParkerThe Superior Court of New York City · 1849
- Randall v. CookNew York Supreme Court · 1837
- Tallman v. KearneyNew York Supreme Court · 1874