Cook v. . Holt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of defendant entered upon the report of a referee. Action for the recovery of personal property.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of defendant entered upon the report of a referee. Action for the recovery of personal property. The referee found the following facts: On the 17th of June, 1856, a written contract was made between George and Isaiah Weaver of the one part, and Russell, Allen & Martin of the other, by which the latter agreed to sell the former certain standing timber, the former to pay twenty-five dollars down, and twenty-five dollars October first, then next, and the remainder for the…
1Opinion of the Court
G-bay, C.
The referee has found, upon sufficient evidence, that the Weavers, under whom the plaintiffs claim title to the timber in question, failed to make or tender the payments necessary to divest Russell and others of their title to it. The proposition that a bailee cannot deny the title of his bailor has no application to a case like the one under consideration, in which the bailee has been compelled by action, of which the bailor had notice, to pay for the property to one having the true title. The objection to the question put to the defendant as a witness upon the stand, in regard to…
2Cited by1 opinion
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