Fleeman v. McKean
New York Supreme Court
HIS was an appeal from an order made at special term, denying pro forma a motion on the part of the plaintiff for a new trial. The action was brought to recover the possession of 71 bales of hops, sold December 28th, 1854, by the plaintiff to the defendant McKean, for $4708, payable in cash upon delivery. The hops were delivered on board ship December 30,1854, but it did not appear on whose account the ship received them.
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HIS was an appeal from an order made at special term, denying pro forma a motion on the part of the plaintiff for a new trial. The action was brought to recover the possession of 71 bales of hops, sold December 28th, 1854, by the plaintiff to the defendant McKean, for $4708, payable in cash upon delivery. The hops were delivered on board ship December 30,1854, but it did not appear on whose account the ship received them. Payment was demanded from McKean January 2d, 1855. He replied that he had sold a bill of • exchange to the defendant Innes, through Mr. Tempest, a broker, and would get the…
1Opinion of the CourtBy the Court. S. B. Strong, P. J.
The equity of this case is strongly in favor of the plaintiff. He sold the goods in question to the defendant McKean, for cash, to be paid on delivery, but which has not been paid, and McKean for that reason, was willing to return the goods, and makes no defense. The defendant Innes, who alone resists the plaintiff’s claim, agreed to purchase a bill of exchange drawn by McKean to raise the money to pay for the goods, which purpose appears to have been known to Innes, for cash. Innes did not pay, or offer to pay, the money, but refused to do so, and tendered a check drawn by Ritchie, Baine &…
2Cases cited2 opinions
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- Pierson v. HoagNew York Supreme Court · 1866
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