Leven v. Smith
Court for the Trial of Impeachments and Correction of Errors
Error to the Kings common pleas, where Smith & Hartshorne brought replevin in the detinet against Leven for a quantity of boots and shoes. Plea, non detinet.
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Error to the Kings common pleas, where Smith & Hartshorne brought replevin in the detinet against Leven for a quantity of boots and shoes. Plea, non detinet. On the trial, the plaintiffs proved that on the 18th day of January, 1845, the defendant, who kept a store in Brooklyn, called at their store in the same city and agreed to purchase of them a bill of boots and shoes, which he selected, amounting to $184,25, to be paid for in cash on the delivery at the defendant’s store. Lattimer, a person in the employ of the plaintiffs, and instructed by them to deliver the goods on payment of the…
1Opinion of the Court
By the Court, Jewett, J.
The goods in question were sold by the plaintiffs to the defendant for cash, tti be paid on delivery. Payment and delivery were'to have been simultaneous. No credit was given, and there is no evidence that the delivery to the defendant was intended to be absolute, or that the condition of payment was waived; and the mere handing over the goods under the expectation of immediate payment, did not constitute an absolute delivery. The defendant, after such delivery, held the goods in trust for the plaintiffs until payment was made or waived. (Haggerty v. Palmer, (6 John.…
2Cases cited2 opinions
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
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- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
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