Bailey v. Adams
New York Supreme Court
Error from the Onondaga common pleas. Bailey sued Adams in an action of trover for a wagon, in which the defendant pleaded the general issue. The plaintiff proved that he bought the wagon of one Collier and paid him $65 for it. The wagon at the time of the purchase was at the shop of a wagon-maker, one Aaron Drake, where it had been taken by Collier for the purpose of having a box made and painted.
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Error from the Onondaga common pleas. Bailey sued Adams in an action of trover for a wagon, in which the defendant pleaded the general issue. The plaintiff proved that he bought the wagon of one Collier and paid him $65 for it. The wagon at the time of the purchase was at the shop of a wagon-maker, one Aaron Drake, where it had been taken by Collier for the purpose of having a box made and painted. It was agreed between Collier and the plaintiff, that the plaintiff should pay Drake two dollars towards the painting, and Collier should pay the balance of the demand for painting in tailor’s…
1Opinion of the Court
By the Court,
Sutherland, J.
The title of Bailey to the wagon in question was sufficiently established. Drake waived his lien upon it for making and painting the box, by his special agreement to take his pay in tailoring from Collier, except to the amount of two dollars which Bailey was to pay. It is evident that the personal credit of the parties was intended to be relied upon. No time was fixed within which the tailoring was to be done, and if the lien was not to be considered as waived, it might continue for an indefinite time. It seems to be well settled that a special agreement of this…
2Cases cited2 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
3Cited by10 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Barker v. . BinningerNew York Court of Appeals · 1856
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Dwyer v. Salt Lake City Copper Manufacturing Co.Utah Supreme Court · 1896
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