Cornell v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff entered upon an order made June 5, 1885, which denied defendant’s motion for a new trial and directed judgment on a verdict directed by the court. This action was for the claim and delivery of certain railroad ties.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff entered upon an order made June 5, 1885, which denied defendant’s motion for a new trial and directed judgment on a verdict directed by the court. This action was for the claim and delivery of certain railroad ties. The primary question relates to the title to the ties on the 28th of February, 1879. The plaintiff claims title by virtue of a purchase in 1875, from persons, who, in 1871 and 1872, had cut the ties on their land, under contracts with the Delhi & Middletown…
1Opinion of the CourtAndrews, J.
It is plain that no title to the ties which were the subject of the contract between Munson and the Delhi and Middletown Railroad Company, passed to the company on the execution of the contract of December 20, 1871. The contract was then wholly executory. It is infer-able from the evidence, that, at the date of the contract, the ties were for the most part uncut on the lands of Munson.
ETo part of the purchase-money had been paid, and by the terms of the contract no payment was to be made until the ties were delivered at the points designated. It is clear that no title vn prcesenti passed, or…
2Cases cited2 opinions
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Stephens v. . SanteeNew York Court of Appeals · 1872
3Cited by6 opinions
- Chicago, R. I. & P. R. Co. v. RichersonSupreme Court of Oklahoma · 1939
- Watson v. TaylorSupreme Court of Oklahoma · 1913
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Wanee v. ThomasCalifornia Court of Appeal · 1925
- Wesco Supply Co. v. Incorporated Town of AllertonSupreme Court of Iowa · 1912
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