Nichols v. . Pinner
New York Court of Appeals
Appeal from the Supreme Court. The action was for the recovery of the possession of personal property, consisting of goods and merchandise purchased by the defendant Pinner of the plaintiffs, upon the allegation that he purchased the same fraudulently, with the design not to pay for them. The complaint was for the wrongful detention of the property.
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Appeal from the Supreme Court. The action was for the recovery of the possession of personal property, consisting of goods and merchandise purchased by the defendant Pinner of the plaintiffs, upon the allegation that he purchased the same fraudulently, with the design not to pay for them. The complaint was for the wrongful detention of the property. Upon the trial at the Erie Circuit, before Mr. Justice Greene and a jury, it was proved that Pinner was a grocery m irchant in the city of Buffalo, and had been for several years in the habit of purchasing goods of the plaintiffs, in the city of…
1Dissent
That Pinner was insolvent when he purchased the goods in question — so utterly insolvent that it can scarcely be believed he was ignorant of the fact — was incontrovertibly established upon the trial. The amount of his purchases, at the time, was between $35,000 and $40,000. This large amount of goods was purchased upon credit. When, four months afterwards, he came to make his assignment, his entire stock amounted to but $22,000 and the debts due him to $6,600. His preferred debts amounted to $24,000, the greater part of which was due to the defendant Michael, his brother-in-law and assignee.…
2Cases cited13 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Wheaton v. BakerNew York Supreme Court · 1853
- Durell v. HaleyNew York Court of Chancery · 1829
- Chapman v. LathropNew York Supreme Court · 1826
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