Mallory v. . Willis
New York Court of Appeals
[77] Malloby & Leg© brought replevin against Charles P. Willis and Christopher Willis for seventy-five barrels of flour.
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[77] Malloby & Leg© brought replevin against Charles P. Willis and Christopher Willis for seventy-five barrels of flour. On the trial in the supreme court before Justice Pkatt, an agreement between the plaintiffs and the defendant Christopher Willis, was read in evidence as follows : “ Article of agreement made and entered into the 19th day of August, 1845, between Smith L. Mallory and Caleb J. Legg, of the town of Benton, county of Yates, and state of Hew-York, of the one part, and Christopher Willis, of the town, county, and state aforesaid, of the other part, witnesseth : The said Mallory…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] If the contract was one of bailment, and if by a proper construction of it the defendants were entitled to the surplus flour, I think the burthen would have rested on them of showing that the article in question was such surplus, after the plaintiffs had established that it was the produce of their wheat; so that taking the most favorable view for the defendants, there was no error in point of law in this branch of the decision at the circuit, which would…
2Cited by11 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Sattler v. . HallockNew York Court of Appeals · 1899
- Aronette Manufacturing Co. v. Capitol Piece Dye Works, Inc.New York Court of Appeals · 1959
- Bretz v. DiehlSupreme Court of Pennsylvania · 1888
- Sawyer v. . WilkinsonSupreme Court of North Carolina · 1914
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