Hills v. Lynch
The Superior Court of New York City
Action to recover the possession of personal property alleged to have been unlawfully taken from the plaintiff and carried away and detained by the defendant.
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Action to recover the possession of personal property alleged to have been unlawfully taken from the plaintiff and carried away and detained by the defendant. The defendant justified the taking, as sheriff, under and by virtue of an execution issued against William J. Dunlop and Marvin 0. Dutton, in an action brought against them, in the Supreme Court, by William Graham and James Aitken; the defendant alleging, in his answer, that the property in question belonged to the said Dun-lop and Dutton. The action was tried before the Hon. O. L.Monell, one of the justices of the court, on the 6th day…
1Dissent
Monell, J. (dissenting.)
Ho question arises in this case upon the right of stoppage in transitu. Such right can only be exercised upon the insolvency of the vendees. It is in the nature of an equitable lien for the unpaid purchase money of goods, under which the vendor may repossess himself of the goods, upon the insolvency of the vendee ; it cannot be exercised at the mere caprice of the vendor when no such insolvency exists. (The Constantia, 6 Rob. Adm. 321.) Hor is there any question arising under the statute of frauds. That statute is invoked only when there is a breach of a contract of…
2Cases cited3 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Waldron v. . RomaineNew York Court of Appeals · 1860