Devoe v. . Brandt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, setting aside a verdict and granting a new trial. This action was brought to recover the possession of certain goods alleged to have been fraudulently purchased by defendant, George Samuels, of plaintiff. The facts appear in the opinion. The jury had a right, from the facts proved, to find Samuels guilty of fraud in purchasing the goods from plaintiff.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, setting aside a verdict and granting a new trial. This action was brought to recover the possession of certain goods alleged to have been fraudulently purchased by defendant, George Samuels, of plaintiff. The facts appear in the opinion. The jury had a right, from the facts proved, to find Samuels guilty of fraud in purchasing the goods from plaintiff. (King v. Phillips, 8 Bosw., 603; Brown v. Montgomery, 20 N. Y., 287; Nichols v. Michael, 23 id., 264; 24 id., 139 ; 49 Barb., 98,314; 2 Keyes, 647.)…
1Opinion of the CourtPeckham, J.
Beplevin in the detinet for certain goods of the value of over $600, fraudulently purchased, as is alleged by defendant Samuels, of the plaintiff, with intent to cheat plaintiff out of their value. They were subsequently found in the possession of the defendant Brandt. The defendant Samuels made default; Brandt answered, denying the complaint, and setting up, among other things, that he bought the goods at a public auction thereof as the goods of Samuels.
The case was tried at the Hew York circuit. It appeared, in proof, that in March, 1865, Brandt commenced an action against this Samuels for…
2Cases cited3 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Root v. FrenchNew York Supreme Court · 1835
- Mowrey v. WalshNew York Supreme Court · 1828
3Cited by47 opinions
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Watson v. SilsbyMassachusetts Supreme Judicial Court · 1896
- Van Houten v. MorseMassachusetts Supreme Judicial Court · 1894
- Scott v. McGrawWashington Supreme Court · 1892
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