Pike v. Wieting
New York Supreme Court
THIS action was brought by the plaintiffs, liquor dealers in the city of New York, to recover the possession of twenty barrels of pure spirits, shipped upon the verbal order of Henry Olay Barnes after the 23d day of June, 1866, and taken from the storehouse by Barnes on the 2d day of J uly. The plaintiffs succeeded in finding eleven barrels, the residue having been disposed of by Barnes before the suit was commenced.
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THIS action was brought by the plaintiffs, liquor dealers in the city of New York, to recover the possession of twenty barrels of pure spirits, shipped upon the verbal order of Henry Olay Barnes after the 23d day of June, 1866, and taken from the storehouse by Barnes on the 2d day of J uly. The plaintiffs succeeded in finding eleven barrels, the residue having been disposed of by Barnes before the suit was commenced. The question litigated on the trial was whether the purchase was fraudulent, Barnes being insolvent and having made an assignment on the 3d day of J uly, the day after he…
1Opinion of the Court
By the Court, Morgan, J.
The evidence in this case would have authorized the jury to find that, although Barnes was actually insolvent when he gave the verbal order for the goods on the 23d of J une; yet that he was ignorant of it, and had no intention of defrauding the plaintiffs at that time ; but that he was fully aware of his condition when he took the goods from the storehouse, on the 2d day of July, and then contemplated making an assignment. It appeared-that he received-a bill of the goods on the 27th or 28 th of June, in which the price was stated and the terms of sale. The goods were…
2Cases cited1 opinion
- Brown v. . MontgomeryNew York Court of Appeals · 1859
3Cited by6 opinions
- Starr Bros. v. StevensonSupreme Court of Iowa · 1894
- Lee v. SimmonsWisconsin Supreme Court · 1886
- J. S. Lowrey & Co. v. UlmerSuperior Court of Pennsylvania · 1896
- Katzenberger v. LeedomTennessee Supreme Court · 1899
- Belding Bros. v. FranklandTennessee Supreme Court · 1881
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