New York Court of Appeals

Stephen H. Powers, Appellants v. George Benedict, Respondent

April 11, 188288 N.Y. 605

Summary

The New York Court of Appeals reversed the trial court's nonsuit and ordered a new trial, holding that the plaintiffs were entitled to pursue their replevin action and that the bankruptcy proceeding did not affirm the contract. The court also affirmed that a vendor who recovers only part of the fraudulently obtained goods may still sue for the value of the remaining goods.