Phelps v. . McQuade
New York Court of Appeals
Appeal from a judgment, entered November 28,1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and directing judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered November 28,1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and directing judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The test of ‘ ‘ larceny at common law ” applied by the court below to determine whether or not title passed is inaccurate and misleading. (Matter of Middleton, L. R. [2 C. C. R.] 38.) The question whether title passed…
1Opinion of the CourtAndrews, J.
One Walter J. Gwynne falsely represented to the appellants that he was Baldwin J. Gwynne, a man of financial responsibility, residing at Cleveland, Ohio. Belying upon the truth of this statement the appellants delivered to him upon credit a quantity of jewelry. Gwynne in turn sold it to the respondent, who bought it without notice express or implied of any defect in title, and for value. Learning of the deception practiced upon them, the appellants began an action in replevin to recover the goods.
The only question before us is whether under such circumstances, the vendor of personal property…
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- Mercantile Natl. Bank of the City of N.Y. v. . SilvermanNew York Court of Appeals · 1914
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