Legal Opinion

Baltimore & Ohio Railroad v. Arthur

New York Supreme Court

Decided October 15, 1881Published

Demurrer to complaint. The Baltimore & Ohio Railroad Company brought this action against Alexander S. Arthur and John B. Power as receiver, &c. The nature of the complaint appears in the opinion.

1Opinion of the CourtVan Vorst, J.

The plaintiff bought of the defendant Arthur, merchandise of the value of $2,478.52.

The defendant Power, acting as receiver of the Chrome Steel Company, forbade the payment of the price for the merchandise to Arthur, and rendered to the plaintiff a bill for the same, and claimed the price of the goods, as such receiver, and threatened that any payment the plaintiff might make to any person other than himself would be at the plaintiff’s peril. Arthur thereupon brought an action against the plaintiff, in this court, to recover the purchase price of the goods, which action is still pending, and…

2Cases cited3 opinions

  1. Atkinson v. ManksNew York Supreme Court · 1823
  2. Trigg v. HitzNew York Supreme Court · 1864
  3. Beck v. StephaniNew York Supreme Court · 1854

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