Jennings v. Carter & Wilcox
New York Supreme Court
Error from the Monroe common pleas. Jennings sued Carter and Wilcox before a justice in an action of trover for the conversion of a waggon and yoke of oxen. The defendants pleaded the general issue, and gave notice oí justifica*i°n under legal process. The cause was tried, and the justice gave judgment for the plaintiff for $50 damages. The defendants appealed to the Monroe common pleas.
Read the full summary
Error from the Monroe common pleas. Jennings sued Carter and Wilcox before a justice in an action of trover for the conversion of a waggon and yoke of oxen. The defendants pleaded the general issue, and gave notice oí justifica*i°n under legal process. The cause was tried, and the justice gave judgment for the plaintiff for $50 damages. The defendants appealed to the Monroe common pleas. On the cause in the common pleas, the plaintiff produced and proved a bill of parcels and a receipt attached there-t° in these words : “ Mr. Abraham Jennings, bought of ^oseP^ Jennings 1 pair of cattle, 1…
1Opinion of the Court
By the Court, Marcy, J.
■ The plaintiff’s right to the chattels in this case is derived from a bill of sale, the validity of which’ is contested by the defendants on the ground of fraud. The property in question" was. purchased, by the plaintiff of Joseph Jennings, but no delivery of possession accompanied the "sale. '
The rule of law, as laid down in the case of Edwards v. Harben, (2 T. R. 587,) is, that if. there be nothing but the absolute conveyance, without the possession, in point of law the sale is void. The rule in this case has been considered as laid down with great strictness, and…
2Cited by14 opinions
- Mejia v. City of New YorkDistrict Court, E.D. New York · 2000
- Doane v. EddyNew York Supreme Court · 1837
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- East St. Louis Connecting Railway Co. v. People ex rel. StookeyIllinois Supreme Court · 1887
- Archer v. HubbellNew York Supreme Court · 1830
9 more not listed; retrieve them via the Exa API.