Graham v. Fitzgerald
New York Court of Common Pleas
Appeal by defendant from a judgment of this court entered on a verdict at trial term. Replevin for 91 bags of-rice, which defendant claimed to hold by virtue of a lien for cleaning a cargo of rice, of which said 91 bags formed a part. On September 13th, 1867, plaintiffs, through O’Shaughnessy, their broker, purchased of one Hubbell 301 bags of rice (of which the quantity in question formed a part), which were in the possession of defendant, a cleaner of rice.
Read the full summary
Appeal by defendant from a judgment of this court entered on a verdict at trial term. Replevin for 91 bags of-rice, which defendant claimed to hold by virtue of a lien for cleaning a cargo of rice, of which said 91 bags formed a part. On September 13th, 1867, plaintiffs, through O’Shaughnessy, their broker, purchased of one Hubbell 301 bags of rice (of which the quantity in question formed a part), which were in the possession of defendant, a cleaner of rice. Plaintiffs paid Hubbell for it in full, and took away part of it. Afterwards, Hubbell failed, and defendant then refused to deliver the…
1Opinion of the Court
By the Court.*—Robihsoh, J.
—At the time of the purchase; *180by plaintiffs from Hubbell of the 301 bags of rice, of which the 81, the title to which is in question, constituted a part, they were in possession of the defendant, and were a portion of a cargo of rice delivered him by Hubbell, for the purpose of being cleaned, and were subject to his lien thereon for $1,553 50, a balance due for cleaning the whole quantity.
The plaintiffs made the purchase September 13th, 1867, through Mr. O’Shaughnessy, a broker, for the aggregate price of $5,950 34, of which they paid $4,000 October 3d, and the…
2Cases cited5 opinions
- Brown v. . BowenNew York Court of Appeals · 1864
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Walrath v. Redfield.New York Court of Appeals · 1858
- Sahler v. SignerNew York Supreme Court · 1865
- Young v. BushnellThe Superior Court of New York City · 1860
3Cited by2 opinions
- Hamburger v. RodmanNew York Court of Common Pleas · 1880
- Lessels v. FarnsworthNew York Court of Common Pleas · 1886