Brownell v. Carnley
The Superior Court of New York City
This was an action to recover the possession of fifty hogsheads of sugar and fifty barrels of molasses, which the defendant, as Sheriff of the city and county of Mew York, had seized and taken possession of, under a warrant of attachment against the property of one W. S. Gordy, as a non-resident debtor.
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This was an action to recover the possession of fifty hogsheads of sugar and fifty barrels of molasses, which the defendant, as Sheriff of the city and county of Mew York, had seized and taken possession of, under a warrant of attachment against the property of one W. S. Gordy, as a non-resident debtor. It was brought to trial before the Chief Justice and a j'ury on the Yth February, 1853, upon the issues made by the pleadings, denying the plaintiff’s title, andj'ustifying under the attachment. It appeared upon the trial, that the goods belonged originally to Gordy, who ■ received an advance…
1Opinion of the Court
By the Court. Oakley, Ch. J.
We are all of opinion that there must be judgment for the plaintiff. The legal title of the goods at the time of their arrival was vested in him, not merely by the terms of the bill of lading, but by virtue of his antecedent advances (Anderson v. Clarke, 2 Bing. 20 ; Patten v. Thompson, 5 M. &S. 356 ; Bryan v. Nix, 4 Mees. & Wels. 792; Abbot on Ship., 5, Amer. Ed. pp. 332-4.) He had then an absolute right to sell them, and to perfect the sale by a delivery to the purchaser; and this not only for the purpose of reimbursing his advances, but with a view to his…
2Cited by8 opinions
- Adoue & Lobit v. H. Seeligson & Co.Texas Supreme Court · 1881
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Patterson v. PerryThe Superior Court of New York City · 1859
- Colberg v. EmersonNew York Supreme Court · 1894
- Bank of Mutual Redemption v. SturgisThe Superior Court of New York City · 1862
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