Barse v. Morton
New York Supreme Court
Appeal from a judgment entered upon a verdict in the plaintiff’s favor for damages and costs, $6,738.81, and from an order denying the defendant’s motion for a new trial made upon the minutes of the justice before whom the action was tried.
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Appeal from a judgment entered upon a verdict in the plaintiff’s favor for damages and costs, $6,738.81, and from an order denying the defendant’s motion for a new trial made upon the minutes of the justice before whom the action was tried. The legal proposition presented by this appeal arises upon two exceptions, one taken to the refusal of the court to grant a nonsuit and the other to the denial of the defendants’ motion at the close of all the evidence asking the court to direct a verdict in the defendants’ favor. In October, 1881, Charles R. Dilworth was the owner of and interested in…
1Opinion of the Court
Barker, J.:
The orders were founded upon a good consideration, and they, therefore, constituted an equitable assignment of the oil to Dilworth, although they were never accepted by the Pipe • Line *481Company, on which they were drawn. It was the duty of that company, acting as the bailee of the owner of the oil, to deliver the same to Dilworth on being notified of the transfer. After the orders were delivered, the defendants could not effectually revoke the same without the consent of the holder. The cases establishing the rights of the parties under instruments of this character are decisive.…
2Cases cited3 opinions
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
- Alger v. . ScottNew York Court of Appeals · 1873
- Dunn v. Commercial BankNew York Supreme Court · 1852