Buckley v. Furniss
New York Supreme Court
In this case a new trial was granted in January term, 1836 (see 15 Wend. 137), and a trial had accordingly. The only diffet ence in the facts on the new trial, from what they appeared on the former trial was, that the defendants offered to prove, 1. That one load of iron transported to Plattsburgh, had been taken from the warehouse there by a wagoner employed by Titus, and actually delivered to him at Titusville, a few days before the plaintiff replevied the 41 bars at…
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In this case a new trial was granted in January term, 1836 (see 15 Wend. 137), and a trial had accordingly. The only diffet ence in the facts on the new trial, from what they appeared on the former trial was, that the defendants offered to prove, 1. That one load of iron transported to Plattsburgh, had been taken from the warehouse there by a wagoner employed by Titus, and actually delivered to him at Titusville, a few days before the plaintiff replevied the 41 bars at Malone; and 2, That previous to the replevin Titus assigned his property, including the iron in question, to Furniss and.…
1Opinion of the Court
By the Court,
Bronson, J.
That the attachment did not defeat the vendor’s right to stop the goods, was decided when the parties were before the court on a former occasion (15 Wendell, 137). The assignment which the defendants now offered to prove, stands on the same footing.
The only new question arrising on this bill of exceptions, is that growing out of the fact that one wagon load of the iron had arrived at Titusville and. been delivered to the vendee before the plaintiff intercepted the residue. I see no reason why this should be deemed a delivery of all the iron, so as to destroy the right…
2Cases cited1 opinion
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
3Cited by7 opinions
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- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- Harris v. HartThe Superior Court of New York City · 1857
- Waldron v. . RomaineNew York Court of Appeals · 1860
- Hamburger v. RodmanNew York Court of Common Pleas · 1880
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