Adams v. . Roscoe Lumber Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1896, affirming a judgment in favor of.plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs waived the ■condition that a note should be given as a condition for passing the title.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1896, affirming a judgment in favor of.plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs waived the ■condition that a note should be given as a condition for passing the title. (Parker v. Baxter, 86 N. Y. 586 ; Smith v. Lynes, 5 N. Y. 41 ; Osborn v. Gantz, 60 N. Y. 540 ; Hoskins v. Warren, 115 Mass. 514 ; Mount v. Lyon, 49 N. Y. 552 ; Paul v. Reed, 52 N. H. 136…
1Opinion of the CourtO’Brien, J.
This was an action to recover possession of' certain personal property, consisting of a quantity of lumber-found to be of the value of $607.86. It is conceded that,, prior to the time of the transaction, which will be presently referred to, plaintiffs were the owners of the lumber, and they-parted with the possession by an executory contract of sale to. the defendant Mackintosh, who agreed to purchase the same, and to pay for it by note at sixty days. The arrangement for-the sale of the lumber was made by the plaintiffs’ manager with certain persons who were in the employ of Mackintosh,, one…
2Cases cited3 opinions
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Smith v. . LynesNew York Court of Appeals · 1851
- Crosby v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
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- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Appel v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Wolf v. Chicago Sign Printing Co.Illinois Supreme Court · 1908
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Deeter v. BurkIndiana Court of Appeals · 1914
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