Beals v. Allen
New York Supreme Court
TRESPASS for seising, biking, and carrying away certain goods of the plaintiff, tried at the Ontario circuit, in 1819, before Mr. Justice Platt. On the 3d of October, 1817, the plaintiff, who resided at Canandaigua, sent his clerk, James Byrnes, to Pultneyville, to obtain payment or security for a demand against Tho mas Lowthrop, for goods sold to him.
Read the full summary
TRESPASS for seising, biking, and carrying away certain goods of the plaintiff, tried at the Ontario circuit, in 1819, before Mr. Justice Platt. On the 3d of October, 1817, the plaintiff, who resided at Canandaigua, sent his clerk, James Byrnes, to Pultneyville, to obtain payment or security for a demand against Tho mas Lowthrop, for goods sold to him. Byrnes had a letter from James Grieve, the principal clerk of Lowthrop, at Geneva, L. being then absent, to James Dey, the acting clerk of L. at Pultneyville, which contained directions to Dey to deliver to B. the goods which Lowthrop had…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court, *366This case gives rise to three questions: 1. Whether the delivery of the goods to the plaintiff’s agent was an • authorized act, and changed the properly ?
2. Whether the second execution in favour of Morris was a subsisting one ; and if so, then,
3. Whether the sale of the goods by the defendant, though the proceeds were applied toward satisfying an execution received subsequent to the sale and delivery of the goods to the plaintiff, was justifiable and legal ?
I am of opinion, that the law was laid down incorrectly to the jury. Dey was merely a…
2Cited by13 opinions
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Smith v. . TracyNew York Court of Appeals · 1867
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Moody v. ThrelkeldSupreme Court of Georgia · 1853
- Blum v. RobertsonCalifornia Supreme Court · 1864
8 more not listed; retrieve them via the Exa API.