13 Wend. 570 | N.Y. Sup. Ct. | 1835
By the Court,
If the judge was correct in considering the defendant a bona fide purchaser of the goods in question, then the charge was right; otherwise not. It is necessary, therefore, to inquire what constitutes a bona fide purchaser from a fradulent vendee of goods ? The vendee in the assignment in this case recites, that “ Abel French has endorsed and become responsible for me, on divers promissory notes and responsibilities, to the amount of $1921and in consideration of the said sum of $1921, he assigns the goods in question. Was this such a bona fide purchase as bars the title of the rightful owner? That a fraudulent purchase of goods gives no title to the fraudulent purchaser, as against the vendor, is a proposition which will not be denied. Had there been no assignment by Jenkins to French, of the goods in question, there is no doubt that the plaintiff might have taken his goods by replevin from Jenkins, assuming- that the purchase was fraudulent on his part. Before the revised statutes were passed, it was held that trespass would not lie in such a case, where the goods had been delivered; and as replevin then could be brought only in such cases where trespass might also be brought, replevin could not then have been brought; the party would have been driven to his action nf trover, or other actions on the case, but now the action lies whenever