Tilson v. . Terwilliger
New York Court of Appeals
1Opinion of the Court
There was not a continued change of possession of the thing sold. It was found after the sale, with no intermediate change of title, in the possession of the vendor, by the act of the vendee.
It is true, the sale was accompanied by immediate delivery to the vendee, and an actual change of possession; and much time then passed before the chattel came again into the possession of the vendor. This matters not; save as a circumstance to be considered by the jury, on the issue of good faith and absence of intent to defraud. The change of possession into the vendee did not continue. With no other…
2Cases cited2 opinions
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Adams v. . DavidsonNew York Court of Appeals · 1851
3Cited by32 opinions
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Waldele v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884
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