Morey v. Medbury
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report off a referee. Tbe action was brought to recover tbe price of certain bops, alleged to bave been sold to tbe defendants by tbe.plaintiff.
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Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report off a referee. Tbe action was brought to recover tbe price of certain bops, alleged to bave been sold to tbe defendants by tbe.plaintiff. Erom tbe report of tbe referee it appeared that on or about tbe 20tb day of September, 18J3, at Georgetown, Madison county, N. Y., tbe plaintiff and defendants entered into an agreement by wbicb tbe plaintiff sold to tbe defendants a quantity of bops and said defendants agreed to take and pay for said hops at the rate of forty-five cents per pound; the hops to be thereafter delivered…
1Opinion of the Court
Learned, P. J.:
By the contract of sale in this case, the title passed to the purchaser, subject, however, to the vendor’s right of possession until payment. (2 Kent Com., 492; Higgins v. Murray, 11 S. C. N. Y. [4 Hun], 565, Olyphant v. Baker, 5 Den., 379 Hayden v. Demets, 53 N. Y., 431, Terry v. Wheeler, 25 N. Y., 520, at 525; Burrows v. Whitaker, 15 S. C. N. Y. [8 Hun], 260.)
The decisions of Conway v. Bush (4 Barb., 564); Fleeman v. McKean (25 id., 474); Smith v. Lynes (5 N. Y., 41) will be found to decide the right of the vendor to possession, as against the vendee, until payment; not the…
2Cases cited5 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Olyphant v. BakerNew York Supreme Court · 1848
- Smith v. . LynesNew York Court of Appeals · 1851
- Johnson v. . ElwoodNew York Court of Appeals · 1873
- Conway v. BushNew York Supreme Court · 1848