Brower v. . Peabody
New York Court of Appeals
Action commenced in the supreme court on the 15th of October, 1850, to recover possession of fifty barrels of potash. The plaintiffs were John Brower and Jacob Cram; the defendants were Lovett and Bethune, who were doing business under the firm name of Lovett & Co., and Peabody, who was the captain of the ship Fidelia. Peabody alone appeared and defended. The action was referred to and tried by Lucius Robinson, as referee.
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Action commenced in the supreme court on the 15th of October, 1850, to recover possession of fifty barrels of potash. The plaintiffs were John Brower and Jacob Cram; the defendants were Lovett and Bethune, who were doing business under the firm name of Lovett & Co., and Peabody, who was the captain of the ship Fidelia. Peabody alone appeared and defended. The action was referred to and tried by Lucius Robinson, as referee. He found the following facts: That on the 7th of October, 1850, Brower, on behalf of the plaintiffs, made an agreement with Lovett & Co., to sell to that firm fifty casks…
1Opinion of the CourtGardiner, C. J.
There was no delivery of the property, the subject of this suit, to Lovett & Co., the fraudulent purchasers. The terms of the contract were cash on delivery; and there is no allegation or proof that the agreement was modified or changed in the slightest particular. Under this agreement, as the referee finds, the fifty barrels of potash were delivered, not to the purchasers, but on board the ship of which the defendant was master, and receipts taken, as the owner alleges, in the name of the plaintiff Brower. The answer zi Peabody states “ that the receipts so given contained a statement of the…
2Cases cited1 opinion
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
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