Smith v. Clark
New York Supreme Court
This was an action of replevin tried at the Yates circuit in June, 1838, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs declared for the taking and detaining of 75 barrels of wheat flour. The defendant pleaded non cepit and property in himself. On the trial the following facts appeared : Charles Hubbard owned a flouring and custom mill on the outlet of the Crooked lake.
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This was an action of replevin tried at the Yates circuit in June, 1838, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs declared for the taking and detaining of 75 barrels of wheat flour. The defendant pleaded non cepit and property in himself. On the trial the following facts appeared : Charles Hubbard owned a flouring and custom mill on the outlet of the Crooked lake. In December 1834, the plaintiffs made an agreement with him to deliver wheat at his mill, and he agreed that for every 4 bushels and 55 pounds of wheat which should be received, he would deliver the…
1Opinion of the Court
By the Court,
Bronson, J.
The contract between the plaintiffs and Hubbard was, in effect, one of sale—not of bailment. The property in the wheat passed from the plaintiffs at the time it was delivered at the mill, and Hubbard became a debtor, and was bound to pay for the grain in flour, of the specified description and quantity. There was no agreement or understanding, that the whéat delivered by the plaintiffs should be kept separate from other grain, or that this identical wheat should be returned in the form of flour. Hubbard was only to deliver flour of a particular quality, and it was…
2Cases cited5 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Marshall v. DavisNew York Supreme Court · 1828
- Hurd v. WestNew York Supreme Court · 1827
- Buffum v. MerryU.S. Circuit Court for the District of Rhode Island · 1824
- Nichols v. NicholsNew York Supreme Court · 1834
3Cited by13 opinions
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Arnold v. HatchSupreme Court of the United States · 1900
- O'Neal v. StoneMissouri Court of Appeals · 1899
- Lopes v. BritoHawaii Supreme Court · 1889
- Moose v. HollandSupreme Judicial Court of Maine · 1855
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