Voorhis v. . Olmstead
New York Court of Appeals
Appeal'from judgment of- the General Term of the Supreme Court"in-the fourth judicial department in favor of the defendants, Olmstead and the Hew York Warehouse and Security Company, entered upon an order denying motion for a new trial, and directing judgment on a verdict. (Reported below, 3 Hun, 744; 6 T. & 0., 172.) This was an action of replevin to recover possession of 226 hales of cotton.
Read the full summary
Appeal'from judgment of- the General Term of the Supreme Court"in-the fourth judicial department in favor of the defendants, Olmstead and the Hew York Warehouse and Security Company, entered upon an order denying motion for a new trial, and directing judgment on a verdict. (Reported below, 3 Hun, 744; 6 T. & 0., 172.) This was an action of replevin to recover possession of 226 hales of cotton. On the 2d May, 1868, plaintiffs sold the cotton then in store with defendant,- Cyrus Olmstead, a warehouseman in Hew York, to George E. Biddle & Co., cotton dealers of that city, to be received and paid…
1Opinion of the CourtAllen, J.
The hTew York Warehouse and Security Company acquired no title to the cotton as against the plaintiffs upon the occasion of the loan to Biddle & Company, The company did not part with its-money upon the apparent ownership of the-property by Biddle & Company; but relied solely upon the engagement of- the latter firm, and their order upon the warehousemen for the ordinary warehouse receipt. At the time of the delivery of the warehouse receipt to the company no money was advanced or value parted with upon the faith of such receipt, and therefore no title was then acquired to the cotton and the…
2Cases cited2 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Barnard v. . CampbellNew York Court of Appeals · 1874
3Cited by22 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
17 more not listed; retrieve them via the Exa API.