Ainis v. Ayres
New York Supreme Court
Appeal from special term, New York county. Action of replevin by Gaetano Ainis against Marshall Ayres, as assignee for the benefit of creditors of Sawyer, Wallace & Company. From a judgment for plaintiff, entered upon the decision of the justice on trial by the court without a jury, defendants appeal.
1Opinion of the CourtBarrett, J.
The question here is whether the right of stoppage in transitu was lost by the plaintiff’s receipt of acceptances given by the vendee’s agent. The facts are simple and undisputed. In July and August, 1890, the plaintiff, who is a merchant at Messina, in Sicily, sold (in two lots of 200 tons each) 400 tons of brimstone to the firm of Sawyer, Wallace & Co. of this city, at agreed prices. The terms of sale were embodied in a letter from Sawyer, Wallace & Co. to the plaintiff which reads as follows: “Concerning the terms under which we purchase brimstone, we beg to say that we open credit in…
2Cases cited8 opinions
- Hall v. . StevensNew York Court of Appeals · 1889
- Roget v. MerritNew York Supreme Court · 1804
- Gibson v. . TobeyNew York Court of Appeals · 1871
- Briggs v. . Cent. Nat'l B'k of City of N.Y.New York Court of Appeals · 1882
- Crocker v. . WhitneyNew York Court of Appeals · 1877
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