Sinnott v. . German-American Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 10, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial. This was an action for the recovery of certain barrels of whisky, which, as it was alleged, were wrongfully detained from the plaintiffs by the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 10, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial. This was an action for the recovery of certain barrels of whisky, which, as it was alleged, were wrongfully detained from the plaintiffs by the defendant. The following are the material facts, as disclosed by the record : In 1896 Feiock was, and he had been for some years, engaged in the business of…
1Opinion of the CourtGray, J.
The appellant claims that the character of the financial transactions between Feiock and the bank was such as to negative the inference of an honest intention upon Feiock’s part to pay for the goods which he had purchased of the plaintiffs and that, therefore, they were entitled, for the fraud practiced, to rescind the sale and to - repossess themselves of the goods sold, as they had not passed into the possession of a bona fide purchaser. It is conceded that Feiock’s insolvency, alone, furnished no inference of an intention not to' pay for the goods. The testimony was that he did intend to…
2Cases cited1 opinion
- Gay v. . SeiboldNew York Court of Appeals · 1884
3Cited by20 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Bendell v. De DominicisNew York Court of Appeals · 1929
- Engle v. Capital Fire InsuranceSuperior Court of Pennsylvania · 1921
- Cody v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- Green v. Le BeauAppellate Division of the Supreme Court of the State of New York · 1953
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