Stevens v. Hyde
New York Supreme Court
MOTION to set aside a nonsuit, and for a new trial, upon a case; which motion was ordered to be heard in the first instance at a general term. The action was for the delivery of personal property, on the ground of fraud in the purchase. The defendants claimed to hold the property as assignees under an assignment made by John S. Joslin, in trust for the benefit of creditors.
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MOTION to set aside a nonsuit, and for a new trial, upon a case; which motion was ordered to be heard in the first instance at a general term. The action was for the delivery of personal property, on the ground of fraud in the purchase. The defendants claimed to hold the property as assignees under an assignment made by John S. Joslin, in trust for the benefit of creditors. The complaint alleged a demand of the defendants on the 13th of November, 1857, a refusal by both to deliver possession, and a wrongful detention by both. The defendants answered separately, claiming title to the goods…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
Upon the ground on which the nonsuit in this action was put, at the circuit, I think it cannot be sustained. Assuming that the plaintiffs had sufficiently established the fraudulent representations alleged in their complaint, to entitle them to recover, to go to the jury upon that question, it was error, I think, to hold that they had not made a sufficient tender before suit brought, to entitle them to rescind the sale and maintain the action. So far as related to the notes of Joslin, received on the purchase, it was sufficient to produce and cancel them on the…
2Cases cited13 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Morris v. . RexfordNew York Court of Appeals · 1859
- Root v. FrenchNew York Supreme Court · 1835
- Lloyd v. BrewsterNew York Court of Chancery · 1834
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- Scott v. . MorganNew York Court of Appeals · 1884
- Pearse v. PettisNew York Supreme Court · 1866
- Central Bank v. PindarNew York Supreme Court · 1866
19 more not listed; retrieve them via the Exa API.