Jones v. Savin
Superior Court of Delaware
Replevin by Howard T. Jones against Ralph Savin. There was a verdict for plaintiff, and defendant moved for new trial." New trial granted, and verdict set aside.
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Replevin by Howard T. Jones against Ralph Savin. There was a verdict for plaintiff, and defendant moved for new trial." New trial granted, and verdict set aside. The defendant moved that the verdict be set aside and a new trial granted, because: “The court in the trial of the cause ordered stricken from the record all testimony presented on the part of the defendant which tended to show that the plaintiff was present at the public sale of the cow in controversy in the cause as the property of Enoch Johnson, and gave no notice at such sale that he claimed title to said cow, but on the contrary…
1Opinion of the CourtPennewill, C. J.
The questions of law raised in the case are:
[1, 2] .First, was the plaintiff, because of his failure to give notice of his title at the sale, afterwards estopped from asserting any claim to the cow under his contract with Snyder; and second, if not estopped, whether he did, by his conduct or silence at the sale, waive any right he had to take the cow from the purchaser?
We do not find on defendant’s brief any case of conditional sale wherein the plaintiff failed to recover because of the law of estoppel, unless Re Binford, 3 Hughes, 304, Fed. Cas. No. 1,411a, be such a case. There the…
2Cases cited9 opinions
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- McCormick v. Orient InsuranceCalifornia Supreme Court · 1890
- Libby v. HaleySupreme Judicial Court of Maine · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nathan Miller, Inc. v. Northern InsuranceSuperior Court of Delaware · 1944
- Wolf v. Globe Liquor Co.Supreme Court of Delaware · 1954
- Frank v. Wilson & Co.Court of Chancery of Delaware · 1939
- Jones v. SavinSuperior Court of Delaware · 1916
- Graham v. National BankSuperior Court of Delaware · 1923
5 more not listed; retrieve them via the Exa API.