New York Supreme Court January 15, 1886 (Deimel v. Olney)

Merwin, J.

The action is in replevin. The plaintiffs claim to be still owners of certain goods obtained from them by the assignors of the defendant. There was in form a contract of sale and purchase, but this the plaintiffs claim to treat as void by reason of fraud. The real issue then apparently is whether a fraud was practised on plaintiffs in the obtaining of the goods.