Thompson v. . Blanchard
New York Court of Appeals
Thompson "brought trover in the supreme court against Blanchard and B. 0. Wheeler, for a quantity of wool, cloth, yarn, &c. Blanchard pleaded the general issue, and Wheeler suffered judgment by default. On the trial of the issue at the Washington county circuit, before Harris, J. the plaintiff called as a witness the defendant Wheeler, who was objected to [304] on the part of the defendant Blanchard, as one of the parties and as interested. The objection was overruled.
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Thompson "brought trover in the supreme court against Blanchard and B. 0. Wheeler, for a quantity of wool, cloth, yarn, &c. Blanchard pleaded the general issue, and Wheeler suffered judgment by default. On the trial of the issue at the Washington county circuit, before Harris, J. the plaintiff called as a witness the defendant Wheeler, who was objected to [304] on the part of the defendant Blanchard, as one of the parties and as interested. The objection was overruled. Wheeler testified, among other things, that he executed to the plaintiff a writing as follows: “ J. W. Thompson indorsed for…
1Opinion of the CourtJewett, J.
It is made a point that the judge at the circuit erred in refusing to charge the jury as requested by the counsel for the defendant, that inasmuch as the plaintiff never had the actual possession of the property in question, but had permitted Wheeler to continue in the possession of it and hold himself out as. the ostensible owner, and had acquiesced in his controlling and managing it, the transfer to him was fraudulent and void as against Blanchard the defendant. Since the decisions in Smith v. Acker, (23 Wend. 653,) and Hanford v. Artcher, (4 Hill, 271,) assuming that Blanchard had shown…
2Cases cited4 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Lawrence v. BarkerNew York Supreme Court · 1830
- Wood v. LowryNew York Supreme Court · 1837
- Demyer v. SouzerNew York Supreme Court · 1831
3Cited by38 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Pollock v. . PollockNew York Court of Appeals · 1877
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Brown v. . BowenNew York Court of Appeals · 1864
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