Waldron v. . Romaine
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the price of a quantity of sugar alleged to have been sold and delivered by the plaintiffs to the defendant, in the month of April, 1853, The trial was had at the New York Circuit, in April, 1856. Under the direction of the judgé, the jury found a verdict for the plaintiffs, subject to the opinion of the court at a general term, upon a case to be made.
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Appeal from the Supreme Court. Action to recover the price of a quantity of sugar alleged to have been sold and delivered by the plaintiffs to the defendant, in the month of April, 1853, The trial was had at the New York Circuit, in April, 1856. Under the direction of the judgé, the jury found a verdict for the plaintiffs, subject to the opinion of the court at a general term, upon a case to be made. At the general term, judgment was ordered for the plaintiffs, and the following statement of facts was made: The plaintiffs sold the defendant a general bill of groceries; among them a parcel of…
1Opinion of the CourtClerke, J.
From the statement of facts, it appears that the plaintiffs did everything which they had contracted to do. They procured the goods from the warehouse to be forwarded ; they made the withdrawal entry; they gave a bond for exportation, and obtained a permit to take them from the warehouse; and then the sugar was deposited in the vessel selected by the defendant for transportation.
As soon as this was done, did not the property pass from the plaintiffs, supposing, as we find nothing to the contrary, that the defendant had complied with the terms of the sale ? If there was an agreement to sell…
2Cases cited1 opinion
- Buckley v. FurnissNew York Supreme Court · 1837
3Cited by8 opinions
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- White v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1911
- Carpenter v. SearsNew York Supreme Court · 1927
- Hills v. LynchThe Superior Court of New York City · 1864
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