Legal Opinion

Rummell v. Blanchard

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1915PublishedCited by 2 opinions

Appeal by the plaintiffs, Jacob Rummell and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1914, denying their motion for judgment on the pleadings and sustaining the demurrer' of the defendants to the amended complaint. Action of replevin.

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Appeal by the plaintiffs, Jacob Rummell and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1914, denying their motion for judgment on the pleadings and sustaining the demurrer' of the defendants to the amended complaint. Action of replevin. In fulfillment of a contract dated January 27,1913, for the sale or exchange of certain cases of shellac which Alden & Oo. were to return at a later date, plaintiffs indorsed and delivered to Alden & Co. a negotiable warehouse…

1Opinion of the Court

Hotchkiss, J.:

The sole question is whether plaintiffs lost their sellers’ lien by indorsing and delivering the negotiable receipt to Alden & Co. Nearly seventy years ago, in the course of his opinion in M’Ewan v. Smith (2 H. L. Cas. 309), Lord Campbell said (p. 328): “ There cannot be a doubt that after sale of the goods, the vendor has a lien on them for the price, so long as they remain in his possession, and this is a doctrine as old as any doctrine connected with the purchase and sale of goods.” It is scarcely necessary to cite authorities to show that this ancient lien existed…

2Cases cited5 opinions

  1. McFarland v. WheelerNew York Supreme Court · 1841
  2. Moors v. . KidderNew York Court of Appeals · 1887
  3. Rosenthal v. . WeirNew York Court of Appeals · 1902
  4. Willets v. . HatchNew York Court of Appeals · 1892
  5. Whitlock v. . HayNew York Court of Appeals · 1874

3Cited by2 opinions

  1. Northern Grain Co. v. WifflerAppellate Division of the Supreme Court of the State of New York · 1915
  2. Rummell v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1915

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