Neilson v. Blight
New York Supreme Court
.This was an action of assumpsit for money had and received by the defendant to the use. of the plaintiff. Plea • non assumpsit. *The cause was tried at the last March circuit in [*206] the city of New York, before Mr. Justice Kent, when a verdict was. taken for the plaintiff, subject to the opinion of the court, on the following case, with liberty for either party to turn the case into a special verdict.
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.This was an action of assumpsit for money had and received by the defendant to the use. of the plaintiff. Plea • non assumpsit. *The cause was tried at the last March circuit in [*206] the city of New York, before Mr. Justice Kent, when a verdict was. taken for the plaintiff, subject to the opinion of the court, on the following case, with liberty for either party to turn the case into a special verdict. Dixon, Williams & Co. merchants, of Exeterj in England, purchased goods of the plaintiff to a considerable amount, with orders to have them shipped from New York to Madeira ; and they…
1Opinion of the Court
Radcliff, J.. Here was no lien on the part of the plaintiff-; the delivery was complete to Green, the agent of Dixon, Williams & Co. and the property was thereby fully changed. A part of it was converted into wine, the subject over which the lien contended for could only be exercised, and the residue was otherwise disposed of.
Green, as the friend of the plaintiff, stipulated with Raddon, that he should not part with the wine, till the sum of 150QZ. was first paid or secured to the plaintiff. For that purpose, Raddon executed a bond or covenantto the plaintiff. Raddon was at this timé the…
2Cases cited5 opinions
- Hantz v. SealySupreme Court of Pennsylvania · 1814
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1822
- Rapalje v. EmorySupreme Court of the United States · 1790
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3Cited by20 opinions
- Felix v. PatrickSupreme Court of the United States · 1892
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Moses v. MurgatroydNew York Court of Chancery · 1814
- Weston v. BarkerNew York Supreme Court · 1815
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
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