7 Daly 402 | New York Court of Common Pleas | 1878
I have seldom known the verdict of a jury upon a question of fraud in a mercantile transaction to be Avithout good legal evidence as well as sound legal inferences to sustain it. The shreAvd common sense of the men in the jury box can hardly lead to wrong conclusions in a matter so wisely left by law to their determination. The present case is no exception to the rule that jurors are the best judges of the facts—especially Avhere, as in nearly every case of fraud, these facts are to be gathered from a variety of circumstances and are seldom susceptible of direct proof.
Campbell was a dealer in apples and produce in the basement of No. 298 Washington street, Avhere he had been in business some three years. In November, 1875, he was indebted to his uncle, Collignon, to the amount of about $2,000. Along about the latter part of November or first of December, 1875, he went to his uncle and said he would like to
On these facts I deem the conclusion reached by the jury a sound one, and think their verdict should not have been disturbed, because it was manifest that Campbell bought the goods from plaintiffs with the. preconceived intention of not paying for them but of putting them into Collignon’shands to cover prior losses; and Collignon had distinct, notice of the fact when he got them.
Not being a purchaser in good faith nor for a valuable-consideration, but a transferee with full knowledge of the.
Defendant raises a last question on the well known rule of law that a party defrauded must rescind at the earliest practicable moment; and insists that the delay of 30 days by plaintiffs before making demand is fatal. The rule as to prompt notice of rescission is only applicable where the party electing to disaffirm has received some benefit or advantage under the contract, which he enjoys as long as he pleases and then attempts to throw up in the hope of obtain
Oil all the points I am in favor of reversing the order for a new trial, with costs.
Charles P. Daly, Ch. J., concurred.
Order granting new trial reversed, with costs.