Hine v. . Bowe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a .judgment in favor of plaintiffs, entered upon a verdict. The action was brought to recover for the alleged conversion of personal property. The plaintiffs claimed title derived from Epstein & Hine by transfer, evidenced by a bill of sale as follows: “Hew Toek,- June 12, 1882. “ C. Si Hine, Bought of Epstein & Hine.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a .judgment in favor of plaintiffs, entered upon a verdict. The action was brought to recover for the alleged conversion of personal property. The plaintiffs claimed title derived from Epstein & Hine by transfer, evidenced by a bill of sale as follows: “Hew Toek,- June 12, 1882. “ C. Si Hine, Bought of Epstein & Hine. “ Stock tobacco and cigars, fixtures ; accounts considered good; notes considered good; • accounts and notes considered…
1Opinion of the CourtBradley, J.
The question presented at the trial was, whether the sale made to the plaintiff Hine was in fraud of the creditors of Epstein & Hine. The two instruments constituting the bill of sale and stating the manner in which payment should be made may be taken together, and, for all practical purposes, treated as parts of the same contract. (Stow v. Tifft, 15 Johns. 458; Rogers v. Smith, 47 N. Y. 324; Knowles v. Toone, 96 id. 534.) It appears that the bill of sale embraced all the partnership property of the firm making it. It is contended that the transfer appears upon the face of the instruments to…
2Cases cited10 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Britton v. . LorenzNew York Court of Appeals · 1871
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Royer Wheel Co. v. . FieldingNew York Court of Appeals · 1886
- Rogers v. . SmithNew York Court of Appeals · 1872
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- Delaney v. . ValentineNew York Court of Appeals · 1898
- Rettig v. Fifth Avenue Transportation Co.The Superior Court of the City of New York and Buffalo · 1893
- Young v. StoneAppellate Division of the Supreme Court of the State of New York · 1901
- Kister v. PollakAppellate Division of the Supreme Court of the State of New York · 1908
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