Harris v. Schultz
New York Supreme Court
APPEAL from an order overruling a demurrer to the complaint for defect of parties. The plaintiff alleged, in his complaint, that on the 14th day of December, 1861, the defendant and his partner, one Schneider, being indebted to him in the sum of $731, and he having become their surety by indorsing their note for $4253.93, transferred by a written bill of sale or assignment which was set out at length, a quantity of cheese and other personal property, and also certain…
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APPEAL from an order overruling a demurrer to the complaint for defect of parties. The plaintiff alleged, in his complaint, that on the 14th day of December, 1861, the defendant and his partner, one Schneider, being indebted to him in the sum of $731, and he having become their surety by indorsing their note for $4253.93, transferred by a written bill of sale or assignment which was set out at length, a quantity of cheese and other personal property, and also certain accounts and debts for cheese sold, to hold to him as security for his debt and as his indemnity against the indorsement, with…
1Opinion of the Court
By the Court, Allen, J.
By the transfer and assignment *he title to the property mentioned vested in the plaintiff. He had the possession and right of possession, with the right of absolute dominion over it, subject only to the right of the defendant and his partner to redeem. When it was placed in the custody of Schultz & Schneider they became his bailees, and their possession became his possession. The plaintiff would have had an action for an injury to or unlawfully taking the property from the possession of Ms bailees; and for an unauthorized disposal of the property by them, or for a…
2Cases cited3 opinions
- Walter v. . BennettNew York Court of Appeals · 1857
- Murray v. BurlingNew York Supreme Court · 1813
- McMorris v. SimpsonNew York Supreme Court · 1839
3Cited by8 opinions
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Hart v. GoadbyNew York Supreme Court · 1911
- Vandelle v. RohanNew York Supreme Court · 1901
- Grand Trunk Railway Co. v. EdwardsNew York Supreme Court · 1868
- Innovation Trunk Co. v. PlattAppellate Terms of the Supreme Court of New York · 1907
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