Hitchcock v. Covill
New York Supreme Court
This was an action of trover, tried at the Chemung circuit, in June, 1837, before the Hon. Robert Mon ell, one of the circuit judges. The suit was brought for a quantity of merchandize sold by the plaintiff, a merchant in the city of New-York, to one Hobart B. Graves, which was forwarded from the city of New-York to Havanna} a village at the head of the Seneca Lake, in pursuance of the direction of Graves.
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This was an action of trover, tried at the Chemung circuit, in June, 1837, before the Hon. Robert Mon ell, one of the circuit judges. The suit was brought for a quantity of merchandize sold by the plaintiff, a merchant in the city of New-York, to one Hobart B. Graves, which was forwarded from the city of New-York to Havanna} a village at the head of the Seneca Lake, in pursuance of the direction of Graves. On the arrival of the goods at Havanna, they were levied upon by a deputy of the defendant, who at the time was sheriff of the county of Tioga, by virtue of an execution issued on a…
1Opinion of the Court
By the Court, Nelson, Ch. J.
I am inclined to the opinion that the transitus was at an end. The course of trade as well as the instructions given, pointed out Havanna as the place where the goods were to be deposited, and wait for the special charge and directions of the vendee ; there was no forwarding line beyond it, and the usage was universal by the warehouse-man thus to detain them ; after this, the vendee necessarily took special charge of any further conveyance, and it may be said that the goods were carried from thence by his own teams. But even if any doubt should exist as to the…
2Cases cited1 opinion
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
3Cited by7 opinions
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- Lynd v. PicketSupreme Court of Minnesota · 1862
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Vitagraph Co. v. SwaabSupreme Court of Pennsylvania · 1915
- Harris v. HartThe Superior Court of New York City · 1857
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