Hammett v. . Linneman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, modifying a judgment in favor of plaintiff entered upon the decision of the court upon trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, modifying a judgment in favor of plaintiff entered upon the decision of the court upon trial at Special Term. The action is to recover the possession of 194 tons of coal, alleged to be the property of the plaintiff, wrongfully detained by the defendants, and of the value of $597.05. The defendants deny the allegations of the complaint, and claim that the coal was purchased by Linneman of the plaintiff on a credit, and afterward sold for value to the defendant Broking. The evidence for the plaintiff…
1Opinion of the Court
Leonard, 0.
The facts proven show that the coal was delivered to the defendant Linneman from the boat which brought it to the port of Hew York, and that he was allowed to cart it to his yard. "Whether this was an absolute or conditional delivery depended on the intention of the parties. (Furniss v. Hone, 8 Wend., 256; Smith v. Lynes, 1 Selden, 43.)
It was a fact to be found, in this case, by the court, and it has been found adversely to the appellants. We cannot go behind the fact, as found by the judge, where there is evidence to support it. There was evidence bearing on this fact, given by…
2Cited by28 opinions
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- Osborn v. GantzNew York Court of Appeals · 1875
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
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