Chapman v. Lathrop
New York Supreme Court
Trover for a hogshead of rum, a hogshead of sugar, and a hoxof rasins, tried at the Albany circuit, September 15, 1824, before Düer, C. Judge. ^ The following facts appeared at the trial: on the 6th, oi^ 1824, tire defendant called at the plaintiff’s store, and inquired for the articles in question.
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Trover for a hogshead of rum, a hogshead of sugar, and a hoxof rasins, tried at the Albany circuit, September 15, 1824, before Düer, C. Judge. ^ The following facts appeared at the trial: on the 6th, oi^ 1824, tire defendant called at the plaintiff’s store, and inquired for the articles in question. Being informed hy Schoolcraft, one of the plaintiffs, that he had them, the defendant told him to put them as low as he could, and he, r ’ , 1 the defendant, would pay for them in cash, or current bills. Schoolcraft replied that, on thosejconditions, he^would sell them as low as he could. On the…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The principal question is, whether trover will lie upon the facts proved.
*113If there was a fair contract for the goods, and they were delivered to the purchaser, without any fraudulent contrivance on his part to obtain possession, the property passed, and the plaintiffs’ remedy is by a different action.
It is conceded that the plaintiffs were entitled to pay for the goods upon delivery. They might have refused to part with the goods until payment. Where no time is agreed on for payment, the delivery and payment are to be simultaneous acts. But if the vendor delivers the…
2Cases cited4 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
- Palmer v. HandNew York Supreme Court · 1816
- M'Carty v. VickeryNew York Supreme Court · 1815
3Cited by18 opinions
- Smith v. . LynesNew York Court of Appeals · 1851
- Closson v. MorrisonSupreme Court of New Hampshire · 1867
- Maxherman Co. v. AlperAppellate Division of the Supreme Court of the State of New York · 1924
- Moffatt v. GreenIndiana Supreme Court · 1857
- Sutro v. HoileNebraska Supreme Court · 1873
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