Haynes v. Hart
New York Supreme Court
/TIHIS was an appeal from an order made at a special term, 1. sustaining a demurrer to the complaint. The complaint set forth an agreement by one Jeremiah Barber to purchase a canal boat of the defendant, to be paid for in installments. .Barber was to have the use and possession of the boat until default in making payments according to the contract, and the contract should be declared forfeited by the defendant, and the boat retaken by him; and it was agreed that upon such…
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/TIHIS was an appeal from an order made at a special term, 1. sustaining a demurrer to the complaint. The complaint set forth an agreement by one Jeremiah Barber to purchase a canal boat of the defendant, to be paid for in installments. .Barber was to have the use and possession of the boat until default in making payments according to the contract, and the contract should be declared forfeited by the defendant, and the boat retaken by him; and it was agreed that upon such default the defendant might take possession of the boat and declare the contract void. The complaint alleged that Barber…
1Opinion of the Court
By the Court,
Johnson, J.
This case was rightly decided at special term. The money was paid by the plaintiff upon *59an executory contract which he afterwards neglected and refused to perform. The sale of the boat was strictly a conditional sale, and no title vested or could vest in the purchaser or his assigns until all the payments were made. The purchaser was to have the right to the use of the boat until he should make default in the payments. The plaintiff is the assignee of the purchaser, and, as the complaint shows, wholly neglected to make the June and July payments in 1861. He had made no…
2Cited by14 opinions
- Havens v. . PattersonNew York Court of Appeals · 1870
- Page v. . McDonnellNew York Court of Appeals · 1873
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Woodbury v. Turner, Manufacturing Co.Court of Appeals of Kentucky · 1895
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