Sturtevant v. . Orser
New York Court of Appeals
Appeal from the Supreme Court. Action to recover a quantity of oil sold by the plaintiff to one Wing and delivered on board his vessel at Hew Bedford for transportation to Hew’’ York for sale. Before the arrival of the- oil, Wing became insolvent, and determined to return the oil to the plaintiff. On its arrival in Hew York, he directed it stored for the plaintiff ■with the defendant Kelly, and it was so stored.
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Appeal from the Supreme Court. Action to recover a quantity of oil sold by the plaintiff to one Wing and delivered on board his vessel at Hew Bedford for transportation to Hew’’ York for sale. Before the arrival of the- oil, Wing became insolvent, and determined to return the oil to the plaintiff. On its arrival in Hew York, he directed it stored for the plaintiff ■with the defendant Kelly, and it was so stored. After this, on the 9th of July, he wrote the plaintiff what he had done, and that it was impossible for him longer to go on with his business and meet his payments, and saying that,…
1Opinion of the Court
The delivery of the oil on board the vendee's ship at New Bedford was unquestionably a delivery to Wing, and vested the property in him. The property, it is true, was to be transported to New York for sale, but it was to be transported by the vendee himself, who could have changed its destination or sold it absolutely on shipboard. After such delivery it was not subject to stoppage in transitu, for it was not in the hands of a carrier or middleman. (Inglis v. Usherwood, 1 East., 515;Turner v. Trustees of Liverpool Docks, 6 Eng. Law and Eq., 515; Ogle v. Atkinson, 5 Taunt., 759.)
But if this…
2Cited by11 opinions
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- Blanchard v. . TrimNew York Court of Appeals · 1868
- State v. Western Union Telegraph Co.Supreme Court of New Jersey · 1954
- Clark v. BartlettWisconsin Supreme Court · 1880
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