Bassett v. . Spofford
New York Court of Appeals
Appeal from the General Term of the Hew York Common Pleas. The action was replevin for four cases of shoes, which came to the possession of the defendant’s testator from one Careras, to be carried and conveyed on steamer from Hew York to Havana, consigned to one Oliver.
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Appeal from the General Term of the Hew York Common Pleas. The action was replevin for four cases of shoes, which came to the possession of the defendant’s testator from one Careras, to be carried and conveyed on steamer from Hew York to Havana, consigned to one Oliver. At the time the plaintiff, by his agent, notified the testatoy and the master and officers of the steamer of his claim, and demanded a delivery of the property, the cases were stowed in the hold of the vessel and difficult of access, and incapable of delivery, except with considerable labor and at some expense. The delivery…
1Opinion of the CourtAllen, J.
By the larcenous taking of chattels the owner is not divested of his property, and a transfer to a purchaser does not impair the right of the true owner. A purchase of stolen goods either directly from the thief or from any other person, although in the ordinary course of trade and in good faith, will not give a title as against the owner. In the case of a felonious taking of goods, the owner may follow and reclaim them wherever he may find them. A carrier or other bailee can stand in no better situation than a purchaser who has received them in good faith on a purchase for their full value. •
2Cases cited1 opinion
- Mowrey v. WalshNew York Supreme Court · 1828
3Cited by25 opinions
- People v. NormanNew York Court of Appeals · 1995
- Solomon R. Guggenheim Foundation v. LubellAppellate Division of the Supreme Court of the State of New York · 1990
- Soma v. HandrulisNew York Court of Appeals · 1938
- Soltau v. . GerdauNew York Court of Appeals · 1890
- Atlas Auto Rental Corp. v. WeisbergCivil Court of the City of New York · 1967
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