Hirschorn v. Canney
Massachusetts Supreme Judicial Court
Replevin of seventy thousand cigars. The plaintiffs were tobacco dealers in New York; the defendants, the same in Boston.
Read the full summary
Replevin of seventy thousand cigars. The plaintiffs were tobacco dealers in New York; the defendants, the same in Boston. At the trial in the superior court, before Brigham, J., there was evidence tending to show that George H. Eaton, also a tobacco dealer in Boston, bought the cigars from the plaintiffs, at their place of business in New York, “ on the condition that if his references should be satisfactory they would ship the cigars to him, and he should send his notes in payment; ” that they after-wards wrote to him that his references were entirely satisfactory, and they would ship the…
1Opinion of the CourtChapman, J.
The sale and delivery of the goods by the plaintiffs to Eaton were on condition that he should send his notes in payment. As he did not perform the condition, the title did not vest in him; and it was settled in Coggill v. Hartford & New Haven Railroad Co. 3 Gray, 545, that in such case the vendee could convey no title as against the vendor, who had not been guilty of laches, to a bond fide purchaser. This doctrine has since been repeatedly affirmed. See Sargeant v. Metcalf, 5 Gray, 306; Blanchard v. Child, 7 Gray, 155; Burbank v. Crooker, Ib. 158; Deshon v. Bigelow, 8 Gray, 159.
*151The…
2Cases cited3 opinions
- Herring v. . HoppockNew York Court of Appeals · 1857
- Hasbrouck v. . LounsburyNew York Court of Appeals · 1863
- Wait v. GreenNew York Supreme Court · 1862
3Cited by32 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Bradshaw v. WarnerIndiana Supreme Court · 1876
27 more not listed; retrieve them via the Exa API.