Hall v. . Naylor
New York Court of Appeals
Appeal from the Supreme Court of New York city. Action to recover the possession of merchandise, sold by the plaintiff to A. Kerr & Co., and by them assigned to the defendant, with their other property, in trust for creditors. At the trial, before Mr. Justice Slossoh, it was proved that Kerr & Co. purchased the goods in question on the 31st March, 1854, on a credit of eight months.
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Appeal from the Supreme Court of New York city. Action to recover the possession of merchandise, sold by the plaintiff to A. Kerr & Co., and by them assigned to the defendant, with their other property, in trust for creditors. At the trial, before Mr. Justice Slossoh, it was proved that Kerr & Co. purchased the goods in question on the 31st March, 1854, on a credit of eight months. They failed, and made a general assignment to the defendant, on the 14th April, 1854. No representations were made to the plaintiff by Kerr & Co. in respect to their solvency, and upon this ground the defendant…
1Opinion of the CourtComstock, J.
It does not appear that Kerr & Co., on purchásing the goods in question, made any representations of their ability to pay for them. If, however, they concealed the fact of their insolvency, with a design of procuring the goods and not paying for them, it was a fraud which rendered the sale void, if the plaintiff chose so to regard it. On the trial of such an issue, the quo anima of the transaction is the fact to be arrived at; and'it, is, therefore, competent to show that the party accused was engaged in other similar frauds at or about the same timé. The transactions must be so connected in…
2Cases cited1 opinion
- Nichols v. . PinnerNew York Court of Appeals · 1858
3Cited by51 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- People v. SeamanMichigan Supreme Court · 1895
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- In re the Estate of BrandonNew York Court of Appeals · 1982
- Miller v. . BarberNew York Court of Appeals · 1876
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