Smith v. Mason
New York Supreme Court
Trover, for six chests of tea. Plea, the general issue. The plaintiff had negotiated a conditional sale of six chests of tea with ofie McNeil for cash, the contract to be binding, provided another person, who was the owner of the property, (the plaintiff being a factor only,) agreed to it.
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Trover, for six chests of tea. Plea, the general issue. The plaintiff had negotiated a conditional sale of six chests of tea with ofie McNeil for cash, the contract to be binding, provided another person, who was the owner of the property, (the plaintiff being a factor only,) agreed to it. The owner having acquiesced in the bargain, the plaintiff sent a bill of parcels to the store of McNeil, and desired him to send for the tea. .The defendant, being present at the time, desired a shop boy of McNeil’s to send a cartman for the tea, the boy did so, and the tea was delivered by the plaintiffs…
1Opinion of the CourtThompson, C. J.
The acts of the mere shop boy, out of the scope of his duty, as was the case here, are not obligatory on his master. The delivery of a bill of parcels, may, in some cases, be equivalent to a delivery of the goods, as for example, where the bill of parcels is delivered, and payment made. The vendee may then assert his title to the goods, upon a refusal to deliver. The sale, in this case, to McNeil, was not perfected. To make the delivery, under the circumstances of this case, a valid delivery, acquiescence on the part of McNeil was necessary. Nothing of that kind occurred here, he might have…
2Cases cited6 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
- Chapman v. LathropNew York Supreme Court · 1826
- Palmer v. HandNew York Supreme Court · 1816
- Draper & Devlin v. JonesNew York Supreme Court · 1851
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