O'Rourke v. . Hadcock
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20, 1886, which affirmed a judgment in favor of the defendant, entered upon the report of a referee. On the 31st day of May, 1873, the plaintiff was the owner -of the canal boat “Jay Pettibone,” its tackle and furniture and four mules and their harnesses, then used in towing the boat.
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Appeal from, judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20, 1886, which affirmed a judgment in favor of the defendant, entered upon the report of a referee. On the 31st day of May, 1873, the plaintiff was the owner -of the canal boat “Jay Pettibone,” its tackle and furniture and four mules and their harnesses, then used in towing the boat. On that day a written contract was entered into between the parties, by which plaintiff agreed to sell to defendant this property for $6,000, which the defendant agreed to pay in twelve equal…
1DissentBradley, J.
The action is replevin, brought to recover the possession of two canal boats, known as “ Jay Pettibone of Buffalo ” and “ Dr. M. S. Kittinger of Lock-port,” and their tackle and furniture. The “ Pettibone” was-the subject of an agreement of May 31,1873, by which the plaintiff agreed to sell it to the defendant upon payment of a sum represented by twelve promissory notes, made by the defendant to the plaintiff, the last one of which was payable ¡November 1,1875. And, until full payment, title was reserved to the plaintiff, with the right on default to retake the boat As a further security for…
2Cases cited20 opinions
- United States v. MarigoldSupreme Court of the United States · 1850
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Charter v. StevensNew York Supreme Court · 1846
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
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