Andrews v. . Durant
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court held in Albany county. The plaintiffs brought an action in the nature of trover for a barge in an unfinished state, which they alleged the defendants had converted to their own use. The defendants denied the allegations in the complaint, and set up title to the barge in themselves. The cause was tried before the Hon. M. Watson, a justice of the supreme court, in April, 1850, without a jury.
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Appeal from a judgment of the general term of the supreme court held in Albany county. The plaintiffs brought an action in the nature of trover for a barge in an unfinished state, which they alleged the defendants had converted to their own use. The defendants denied the allegations in the complaint, and set up title to the barge in themselves. The cause was tried before the Hon. M. Watson, a justice of the supreme court, in April, 1850, without a jury. The following facts appeared on the trial. On the 24th April, 1849, the defendants entered into a contract, in writing, with William H.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In general a contract for the building of a vessel or other thing not yet in esse, does not vest any property in the party for whom it is agreed to be constructed during the progress of the work, nor until it is finished and delivered, or at least ready for delivery and approved by such party. All the authorities agree in this.…
2Cited by47 opinions
- Zartman v. First National BankNew York Court of Appeals · 1907
- Clarkson v. StevensSupreme Court of the United States · 1882
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- Deeley v. . DwightNew York Court of Appeals · 1892
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
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