Hays v. . Midas
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1886, which reversed a judgment in favor of defendant entered upon a verdict and directed judgment in favor of plaintiff. (Reported below, 39 Hun, 460.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1886, which reversed a judgment in favor of defendant entered upon a verdict and directed judgment in favor of plaintiff. (Reported below, 39 Hun, 460.) The nature of the action and the material facts are stated in the opinion. With plaintiff’s knowledge of the fraud practiced upon him by Midas, his action to recover the price of the goods was an election to affirm the sale and allow the vendee to retain the property, and he thus secured the benefit of a…
1Opinion of the CourtDanforth, J.
This is an appeal by the defendant Stegman from an order of the General Term of the Supreme Court, reversing a judgment theretofore obtained by him in an action for the recovery of personal property and directing judgment in favor of the plaintiff. The complaint contains the usual allegations required in such actions. The answer of defendant Stegman admitted the Value of the goods to be as stated, but denied all other averments of the complaint, and set up that as sheriff of Kings county he took the property by virtue of sundry attachments duly issued to him for enforcement against the…
2Cases cited1 opinion
- Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886
3Cited by13 opinions
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- Bach v. . TuchNew York Court of Appeals · 1891
- Lee v. BurnhamWisconsin Supreme Court · 1892
- Sears, Roebuck & Co. v. BladeDistrict Court, S.D. California · 1954
- Stephens v. SteckdaubMissouri Court of Appeals · 1920
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