Hamburger v. Rodman
New York Court of Common Pleas
Appeal from a judgment of the marine court of the city of New York. The action was brought to recover the possession of a quantity of walnut logs. The facts are stated in the opinion. At the trial, the jury found a verdict for the plaintiff, by direction of the court. From the judgment entered upon the verdict, the defendants appealed to the general term of the marine court, which affirmed the judgment. From this judgment the defendants appealed to this court.
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Appeal from a judgment of the marine court of the city of New York. The action was brought to recover the possession of a quantity of walnut logs. The facts are stated in the opinion. At the trial, the jury found a verdict for the plaintiff, by direction of the court. From the judgment entered upon the verdict, the defendants appealed to the general term of the marine court, which affirmed the judgment. From this judgment the defendants appealed to this court. The title and right of possession to the property in question passed to Miller, but not the possession, actual or constructive. The…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The only opinion delivered in the court below, upon the affirmance of the judgment, was by Judge Sheridah, who dissented ; and the dissenting opinion, which contained a careful examination of the facts, was correct in its conclusion that the judgment should have been reversed.
There is a well-recognized distinction between a delivery that is sufficient to transfer the title of the goods to a vendee, or which will satisfy the statute of frauds, and a delivery that will divest the vendor of his lien for the price, or right to stop the goods in transitu, upon the…
2Cases cited11 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Palmer v. HandNew York Supreme Court · 1816
- Barrett v. GoddardU.S. Circuit Court for the District of Massachusetts · 1822
- Western Transportation Co. v. MarshallNew York Supreme Court · 1862
- Buckley v. FurnissNew York Supreme Court · 1837
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3Cited by2 opinions
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Myers v. UptegroveCity of New York Municipal Court · 1886