Matthews v. Hobby
New York Supreme Court
THIS was an action to recover the possession df nine hales of cotton of which the plaintiff claimed to he the owner. The defendant, in his answer, denied any wrongful detention of the property, and alleged that he was a warehouseman, and the cotton was delivered to him by the Atlantic Delaine Company, of Providence, Rhode Island, to be kept by him on storage, for them ; that the cotton belonged to that company, and the same having been replevied, he demanded judgment for the…
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THIS was an action to recover the possession df nine hales of cotton of which the plaintiff claimed to he the owner. The defendant, in his answer, denied any wrongful detention of the property, and alleged that he was a warehouseman, and the cotton was delivered to him by the Atlantic Delaine Company, of Providence, Rhode Island, to be kept by him on storage, for them ; that the cotton belonged to that company, and the same having been replevied, he demanded judgment for the possession, and for the return and recovery of the cotton, with damages for the detention thereof. On the trial the…
1Opinion of the Court
By the Court, Clerke, J.
The contract was for a sale by the plaintiff to Drowne of one hundred bales of cotton, quality even middling, at 59 cents, to arrive; cash on delivery. Twenty-one bales of the cotton had arrived; of which notice was immediately sent to Skinner, Drowne’s agent, who selected nine of them, as even middling, in accordance with the contract, and obtained possession of them. . According to the testimony of the plaintiff, immediate payment was demanded of the agent, on behalf of the plaintiff; which was refused. Skinner sent the cotton to the warehouse of the ' defendant, and…
2Cases cited3 opinions
- Russell v. NicollNew York Supreme Court · 1829
- Rogers v. Holly & JarvisNew York Supreme Court · 1837
- Paige v. OttNew York Supreme Court · 1848
3Cited by3 opinions
- Matthews Glass Co. v. BurkIndiana Supreme Court · 1904
- Hamburger v. RodmanNew York Court of Common Pleas · 1880
- Keeler v. VandervereNew York Supreme Court · 1871