Smith v. . Lynes
New York Court of Appeals
* Appeal from the general term of the Superior Court of the city of New York, where an application to set aside a nonsuit, entered upon the trial of the case, had been denied. This was an action of replevin for forty-five pieces of carpeting;, twelve pieces of which were replevied by the sheriff from the possession of the defendant Lynes, and three pieces from the possession of Thompson & Co., his vendees, and co-defendants.
Read the full summary
* Appeal from the general term of the Superior Court of the city of New York, where an application to set aside a nonsuit, entered upon the trial of the case, had been denied. This was an action of replevin for forty-five pieces of carpeting;, twelve pieces of which were replevied by the sheriff from the possession of the defendant Lynes, and three pieces from the possession of Thompson & Co., his vendees, and co-defendants. The plaintiff was a carpet-manufacturer, at West Farms, in Westchester county; the defendant, Benjamin Lynes, a carpet-dealer, in the city of New York; and Thompson &…
1Opinion of the Court
*Paige, J.
Where goods are sold, on condition of being paid for, on delivery, in cash or commercial paper, or on condition of receiving, on delivery, security for payment, an absolute and unconditional delivery of the goods by the vendor, without exacting, at the time of delivery, a performance of the condition, or attaching any other condition to the delivery, is a waiver of the condition of the sale, and a complete title passes to the purchaser, if there be no fraudulent contrivance on the part of the latter to obtain possession. Where there is a condition precedent attached to a contract of…
2Cases cited12 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Comer v. . CunninghamNew York Court of Appeals · 1879
- Dows v. . KidderNew York Court of Appeals · 1881
25 more not listed; retrieve them via the Exa API.