Sarjeant v. Blunt
New York Supreme Court
THIS was an action of trover. The cause was tried before Mr. J. Yates, at the Jfew-York sittings, in April, 1818. The plaintiff deposited a chronometer with the defendant, to he sold by him, at not less that five hundred dollars, the defendant to retain all that he could procure beyond that sum. The defendant sold the chronometer for three hundred dollars, without the knowledge of the plaintiff.
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THIS was an action of trover. The cause was tried before Mr. J. Yates, at the Jfew-York sittings, in April, 1818. The plaintiff deposited a chronometer with the defendant, to he sold by him, at not less that five hundred dollars, the defendant to retain all that he could procure beyond that sum. The defendant sold the chronometer for three hundred dollars, without the knowledge of the plaintiff. After the sale, the plaintiff demanded it of the defendant, who refused-to deliver it. A verdict, subject to the opinion of the Court, was taken for the plaintiff, for 500 dollars, with interest; and…
1Opinion of the Court
Spencer, J. delivered .the opinion of the Court.
The case of Syeds v. Hay, (4 Term Rep. 260.) goes farther to sanction this action than any other. There the owner of goods on board a vessel directed the captain not to land them on a particular wharf, against which the vessel was moored, which he promised not to do; but did so, and deli*76vered them to the wharfinger for the plaintiff’s use, sup'pogjng |-jie wharfinger had a lien on them for wharfage.
It was held, that the owner, after demand, and refusal of the goods by the captain, might maintain trover against him, unless he could show the…
2Cited by11 opinions
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- Booker v. JonesSupreme Court of Alabama · 1876
- Wilson Cypress Co. v. LoganSupreme Court of Florida · 1935
- Lockwood v. BullNew York Supreme Court · 1823
- Minneapolis Trust Co. v. . MatherNew York Court of Appeals · 1905
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