Phelps v. Mcquade

115 N.E. 441 (1917)

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Nature of the Case

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Facts

Walter Gwynne falsely represented to appellants that he was Baldwin Gwynne, a man of financial responsibility. Relying on the misrepresentation, they gave Gwynne a quantity of jewelry on credit. Gwynne, in turn, sold the hot merchandise to respondent who bought without notice express or implied of any defect in title and for value. Appellants sued in replevin to recover. The court ruled that when larceny had been committed, the thief acquired no title. That judgment was reversed by the appeals court and was appealed.