Hennequin v. . Naylor
New York Court of Appeals
-Appeal from a judgment of the ¡New York Common. Pleas at general term, affirming a judgment at special term,, entered upon the verdict of a jury, in an action for the possession of personal property. ' The facts were these: ■ The plaintiffs, who were wholesale dealers in ¡New York on the 4th of April, 1854, sold the firm of Kerr & Adams a bill of goods on credit, amounting to $766; on the 14th of the same month, Kerr & Co. failed and assigned their goods, including those…
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-Appeal from a judgment of the ¡New York Common. Pleas at general term, affirming a judgment at special term,, entered upon the verdict of a jury, in an action for the possession of personal property. ' The facts were these: ■ The plaintiffs, who were wholesale dealers in ¡New York on the 4th of April, 1854, sold the firm of Kerr & Adams a bill of goods on credit, amounting to $766; on the 14th of the same month, Kerr & Co. failed and assigned their goods, including those bought of the plaintiffs, to the defendant for the benefit of creditors: on the 15th the goods were demanded of" the…
1Opinion of the CourtJames, J.
If the judge was correct in his refusal to dismiss the complaint when requested, he was surely right in his charge to the jury. The whole case turns upon the question 1 whether there was evidence sufficient to be submitted to the jury upon the question of fraudulent intent. • It was settled ■ by this court in the case of Nichols v. Pinner (18 N.Y., 300, and 23 N. Y., 264), that the mere omission of a purchaser of goods for credit to disclose his insolvency to the vendee was not such a fraud as would avoid the sale: that when no inquiries are made and the vendee makes no false statements, nor…
2Cases cited1 opinion
- Nichols v. . MichaelNew York Court of Appeals · 1861
3Cited by26 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- People v. SeamanMichigan Supreme Court · 1895
- Harley & Lund Corporation v. Murray Rubber Co.Court of Appeals for the Second Circuit · 1929
- People ex rel. Ellis v. HealyIllinois Supreme Court · 1889
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
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