Kilpatrick v. Dean
City of New York Municipal Court
Appeal from trial term. The plaintiff, Walter F. Kilpatrick, claiming title as general assignee of Peter Haulenbeck, sues the defendants, R. J. Dean & Co., for the conversion of 184 bags of coffee, of the value of $4,000. Haulenbeck acquired title to-the coffee under a delivery order signed by Henry A. Morris, the general owner thereof, in these words: “Nov 16, 1886. “Messrs.
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Appeal from trial term. The plaintiff, Walter F. Kilpatrick, claiming title as general assignee of Peter Haulenbeck, sues the defendants, R. J. Dean & Co., for the conversion of 184 bags of coffee, of the value of $4,000. Haulenbeck acquired title to-the coffee under a delivery order signed by Henry A. Morris, the general owner thereof, in these words: “Nov 16, 1886. “Messrs. B. J. Dean & Co.—Gent. : Please deliver to P. Haulenbeck or order the following lot of coffee, he paying advances thereon: Due. Oct. 14. 25 bags M. & C., 2,906 lbs., Feb’y 17, - - - - $ 550 25 “ G C. D., 3,233 16.25 “ A.…
1Opinion of the Court
McAdam, C. J., (after stating the facts as above.)
The goods being in the possession of the defendants as warehousemen at the time, the delivery •of the order by Morris to Haulenbeck was sufficient to transfer the title to him, ■subject to the advances previously made. This is its legal effect, both as a “delivery order,” (Searle v. Keeves, 1 Esp. 598; Proudfoot v. Anderson, 7 U. C. Q. B. 576,) lodged with the warehousemen and assented to by them, (Bentall v. Burn, 3 Barn. & C. 423; Story, Sales, § 311 a; Id. § 340; Hil. Sales, 130, 131; Benj. Sales, 4th Amer. Ed. § 697; 1 Pars. Cont. bottom…
2Cases cited21 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
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- Stearns v. MarshNew York Supreme Court · 1847
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