Crosby v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 16, 1889, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at circuit.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 16, 1889, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at circuit. This action was brought to recover damages for the conversion of a quantity of lumber which had been transferred to plaintiffs by the firm of George & Edward ITarnden, in payment of a debt of which defendant claimed to be the owner. The material facts are sufficiently stated in the opinion. If, in any view of the evidence, taken in its most…
1Opinion of the CourtAndrews, J.
The transaction between the defendant and: the Harndens was either a bailment of the lumber or a sale.. Regarding it as a bailment, it was a bailment to be transmuted into a sale when the Harndens should use the lumber in building the boats, and thereby incorporate it with other lumber and materials required in their construction. It was not contemplated that the title to the boats should vest in the defendant until completion and acceptance. The consent of the defendant that the Harndens might use the lumber in the construction of the boats must be conceded. The bailment would necessarily…
2Cited by8 opinions
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Mills v. GordonAppellate Division of the Supreme Court of the State of New York · 1910
- Ludvigh v. American Woolen Co.District Court, S.D. New York · 1910
- Crosby v. PresidentNew York Supreme Court · 1892
- Crosby v. President of Delaware & Hudson Canal Co.New York Supreme Court · 1891
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