Legal Opinion

Droege v. Ahrens & Ott Manufacturing Co.

New York Court of Appeals

Decided June 19, 1900PublishedCited by 12 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 26, 1898, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was originally brought by the plaintiff, as assignee for the benefit of creditors of one Reinhardt, against Chambers & Lemon, to recover the purchase price of goods sold and delivered by the plaintiff’s assignor to that firm.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 26, 1898, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was originally brought by the plaintiff, as assignee for the benefit of creditors of one Reinhardt, against Chambers & Lemon, to recover the purchase price of goods sold and delivered by the plaintiff’s assignor to that firm. Reinhardt had purchased the goods from this defendant, who made claim to them, or their proceeds, upon the ground of fraud…

1Opinion of the CourtGray, J.

There was sufficient in the evidence upon which the trial court might find as it did, that the sale of the goods to Reinhardt, the plaintiff’s assignor, was induced by the fraudulent representations which he made to the defendant’s agent, at the time of giving the order for the goods, respecting his financial condition and solvency. The assignment by Rein hardt following so soon after the transaction of the sale, with its showing of insolvency, in connection with the evidence of Reinhardt’s bookkeeper, that his condition had been substantially the same for the six weeks preceding the…

2Cases cited4 opinions

  1. The Parker Mills v. . the Commissioners of TaxesNew York Court of Appeals · 1861
  2. Mills v. . ParkhurstNew York Court of Appeals · 1891
  3. People ex rel. Sherwin-Williams Co. v. BarkerAppellate Division of the Supreme Court of the State of New York · 1896
  4. Seavey v. PotterMassachusetts Supreme Judicial Court · 1876

3Cited by12 opinions

  1. American Woolen Co. v. . SamuelsohnNew York Court of Appeals · 1919
  2. Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
  3. Washburn v. RainierAppellate Division of the Supreme Court of the State of New York · 1912
  4. Albert v. Martin Custom Made Tires Corp.Court of Appeals for the Second Circuit · 1941
  5. Harvard Co. v. WichtAppellate Division of the Supreme Court of the State of New York · 1904

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