Foster v. . Pettibone
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh district, where a judgment entered upon the report of a referee had been affirmed. This was an action of trespass against the sheriff of Cayuga county, to recover damages for the taking of 193 barrels of flour, by virtue of a writ of replevin sued out by John G. Brown.
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Appeal from the general term of the Supreme Court, in the seventh district, where a judgment entered upon the report of a referee had been affirmed. This was an action of trespass against the sheriff of Cayuga county, to recover damages for the taking of 193 barrels of flour, by virtue of a writ of replevin sued out by John G. Brown. The flour was replevied in the hands of David S. Baker, with whom it had been stored. *On the 25th October 1844, the following con- ^ tract was entered into between the plaintiff and *- the said John G. Brown: “ John G. Brown. agrees to deliver to William C.…
1Opinion of the CourtRuggles, C. J.
This controversy arises upon a contract in relation to wheat, between a merchant and 35’1 miller; and it is one *of the many cases concerning the same subject-matter, in which it is somewhat difficult to determine, whether the parties intended to make a contract of sale or of bailment.
The distinction between a bailment and a sale is correctly laid down by Bronson, chief judge, in Mallory v. Willis (4 N. Y. 85), in these words: “When the identical thing delivered, although in an altered form, is to be restored, the contract is one of bailment, and the title to the property is not changed; but…
2Cases cited4 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Foster v. PettiboneNew York Supreme Court · 1855
- Otis v. . WilliamsNew York Court of Appeals · 1877
- New-York Central Insurance v. National Protection InsuranceNew York Court of Appeals · 1856
3Cited by14 opinions
- Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
- Sattler v. . HallockNew York Court of Appeals · 1899
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Aronette Manufacturing Co. v. Capitol Piece Dye Works, Inc.New York Court of Appeals · 1959
- DeSimon v. Ogden AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
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