Blossom v. Champion & Woodhull
New York Supreme Court
THIS action was brought for the claim and delivery of 846 barrels spirits turpentine as detained by the defendants, being the property of the plaintiffs.
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THIS action was brought for the claim and delivery of 846 barrels spirits turpentine as detained by the defendants, being the property of the plaintiffs. The defendant Champion answered, 1. Denying the wrongful detaining, and that the goods belonged to the plaintiffs. 2. Alleging that at the time he was master of the ship Victoria, in the port of New York, bound to London ; that the defendant Woodhull had engaged freight in the said ship for 800 barrels spirits turpentine and other property, with the exclusion of any other spirits turpentine than that of Woodhull; that the plaintiffs shipped…
1Opinion of the Court
By the Court,
Leonard, J.
Property in things movable can only pass from the owner by his own act and consent, except in those cases only where such owner has, by his own direct voluntary consent or act, conferred upon the person from whom the bona fide vendee derives title, the apparent right of property as owner, or of disposal as agent. (Saltus v. Everett, 20 Wend. 267. Brower v. Peabody, 3 Kern. 122.) A bill of lading does not represent goods or merchandise, when shipped on board a vessel, unless it has been delivered to the true owner of the merchandise. It is not in the power of a common…
2Cases cited3 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Clemson v. DavidsonSupreme Court of Pennsylvania · 1813
- Blossom v. ChampionNew York Supreme Court · 1858