13 Barb. 372 | N.Y. Sup. Ct. | 1851
The first question is upon the objection at the trial, by the defendants’ counsel, to the admission of the evidence of conversation between McCarty and the plaintiffs, at the time the goods were purchased by the former, in New-York. The objection was put upon the ground generally that the evidence was not admissible under the pleadings. The defendants. Lines and Garry Loveridge, make title to the goods in question through chattel mortgages executed to them by the defendant McCarty, who purchased the goods of the plaintiffs. This is set up in the answer. The reply states “ that previous to and at the time of such purchase and delivery,” &c. “ he, the said McCarty, to induce the said plaintiffs to consent to such purchase and delivery, and to defraud the said plaintiffs, made use of certain false and fraudulent representations
The sale and delivery of the goods by the plaintiffs to McCarty, upon credit, and the chattel mortgages, from the latter to the Loveridges, are facts admitted by the pleadings. If they were bona fide mortgagees they would confessedly hold the goods, provided the title passed, upon the sale by the plaintiffs to McCarty. One of the ways in which the plaintiffs, by their reply, avoid the mortgages, is by alledging that the goods were obtained from them by McCarty by fraud and false representations and pretenses with regard to his pecuniary circumstances, without stating what the representations or pretenses were. The first opportunity the defendants have had of presenting the question of the sufficiency of the reply was when the evidence was offered under it at the trial. If the admissibility of the evidence objected to depended upon that part of the reply before mentioned and recited, I should think the question a clear one. The reply is entirely too general and wholesale to stand the test of a general demurrer, under the former law and practice, which I think is still a good criterion of the sufficiency of pleadings under either of the codes.
But there is an independent issue in the pleadings, upon the title of McCarty to the goods in question on the 30th October, 1848. The defendants assert such title in their answer, and the plaintiffs in their reply deny it. The issue was material, and might be controlling of the whole controversy. If McCarty had ho title on the day mentioned) the defendants, (the Loveridges,)
The complaint alledges title in the plaintiffs on the 17th November, 1848. The answer sets up title in McCarty on the 30th October previous, and the Loveridges derive title through mortgages executed by him on that day. An independent part of the reply is that McCarty had not title on the 30th October, 1848, or at any other time. This I think was a good issue, and under it the evidence objected to was admissible.
The most material question, however, arises upon the charge to the jury. His honor instructed them “that a fraudulent purchaser of goods acquires no rights whatever against the vendor; and that if in this case, they should find that McCarty obtained the goods by false pretenses, he acquired no title and would confer no more than if he had acquired indeed that the obtaining them by false pretenses has a felony That, if so, all the pretense of selling or traimerrinj by the chattel mortgage was useless, inasmuch would acquire no title to them, better than tha that the main thing to inquire was, were the goods obtained false pretenses, as the plaintiffs alledge? If they were a verdict should be rendered for the plaintiffs.” In another part of the charge his honor uses the following language: “ That the obtaining of goods under false pretenses was a felony; and that when goods were so obtained, the vendors could follow them into the hands even of a bona fide purchaser, as a felonious taking passed no title whatever. The jury were then to determine whether McCarty obtained these goods by false pretenses, such as could convict him of felony. If they should so determine, the plaintiffs were entitled to a verdict.”
This doctrine of the learned justice as applied to this case must be sustained, or a new trial should be granted; because the
. The position assumed is certainly not without highly respect-able authority to support it. The doctrine was distinctly asserted by Chief Justice Savage in Andrew v. Dieterich, (14 Wend. 31,) and by Justice Willard in Robinson & Wilder, v. Dauchy & Flood, (3 Barb. S. C. Rep. 20.) In those cases however, the same decisions must have been made, without reference to the doctrine in question. In the first, the property was to be paid for in cash. It consisted of rolls of carpeting which were sent by the plaintiff to the house of one Simmons the vendee, (both of whom resided in the city of New-York,) from which rolls Simmons was to measure and cut off at his house what he needed and return the balance to the plaintiff and pay for what he used. Simmons measured and cut off what he needed, and put it down in his rooms. Several days afterwards, the remnants having been returned, and the quantity cut off having been ascertained, a bill of the carpeting was made out and presented for payment, and an answer returned by Simmons that as soon as he could measure the carpet and see that all was right, the bill would be paid. Instead of which Simmons absconded, having previously pledged the - carpeting to the defendant to secure an advance of money made at the time, and without any knowledge of the relations between the plaintiff and Simmons ; the defendant taking the property pledged, home to his own house. The plaintiff demanded the carpeting of the defendant, who refused to deliver it until his lien was discharged. The plaintiff brought replevin against him, and was allowed to recover. There it will be seen was an agreement to sell for cash; the sale was not even formally completed until the quantity of the carpeting was ascertained, and it is most obvious, the vendor never intended to part with the title until he received payment. According to all the cases, ancient and modern, he had a right to reclaim the property against all the world, and that even a bona fide purchaser for a valuable consideration would not in such a case be protected.
It is a fundamental rule of the law of personal property, that no one can transfer a better title than he has himself; and a sale, ex vi termini, imports nothing more than that the purchaser succeeds to the rights of the vendor. This is the general regulating principle, but is subject to many exceptions and qualifications. Under this rule it has repeatedly been held, and undoubtedly is the law, that the bona fide purchaser of stolen goods, cannot hold them, against the true owner.
To hold the party’s right to reclaim the goods to depend upon the question whether they were feloniously obtained from him, would be unreasonable and inconsistent. And such I am persuaded is not the rule. Any taking without his consent,
Welles, Selden and Johnson, Justices.]
Upon the whole I am satisfied the judge in the present case, although sustained by other eminent jurists, was mistaken in his view of the law on the question I have discussed so much at length, and for that reason a new trial should be granted.
Ordered accordingly.