Stevens v. Wheeler
New York Supreme Court
APPEAL from a judgment rendered at a special term, after a trial at the circuit. The complaint alleged that the defendant wrongfully detained and converted to his own use certain property of the plaintiff, to wit, twelve cases, containing 658 pairs of shoes, of the value of $500. The answer was a general denial. The evidence showed that in, August, 1855, at Haverhill, Mass, the plaintiff sold to Knower & Go. of Brooklyn, FT.
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APPEAL from a judgment rendered at a special term, after a trial at the circuit. The complaint alleged that the defendant wrongfully detained and converted to his own use certain property of the plaintiff, to wit, twelve cases, containing 658 pairs of shoes, of the value of $500. The answer was a general denial. The evidence showed that in, August, 1855, at Haverhill, Mass, the plaintiff sold to Knower & Go. of Brooklyn, FT. T. twelve oases of shoes, on credit, and shipped the same by the Fall Biver Line, directed to the purchasers, at Brooklyn. The purchase was made by George S. Knower, for…
1Opinion of the CourtIngraham, J.
The question in this case is whether a vendor of goods can exercise the right of stoppage in transitu after the goods have been delivered by the carrier to a third person, on the order of the vendee, although they had never been delivered to the vendee at the place directed by him at the time of the purchase.
For the purpose of this case it may be conceded that the plaintiffs had a right to stop the goods, if they were still in transitu; and then it would only remain to inquire whether these goods were still in that condition. I suppose it will not be denied that a delivery to the vendee’s…
2Cases cited3 opinions
- Bolin v. HuffnagleSupreme Court of Pennsylvania · 1828
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
3Cited by4 opinions
- Benedict v. SchaettleOhio Supreme Court · 1861
- Northern Grain Co. v. WifflerAppellate Division of the Supreme Court of the State of New York · 1915
- Northern Grain Co. v. WifflerAppellate Division of the Supreme Court of the State of New York · 1915
- Reynolds v. Boston & Maine RailroadSupreme Court of New Hampshire · 1862