Morey v. Medbury
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report off a referee. Tbe action was brought to recover tbe price of certain bops, alleged to bave been sold to tbe defendants by tbe.plaintiff.
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Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report off a referee. Tbe action was brought to recover tbe price of certain bops, alleged to bave been sold to tbe defendants by tbe.plaintiff. Erom tbe report of tbe referee it appeared that on or about tbe 20tb day of September, 18J3, at Georgetown, Madison county, N. Y., tbe plaintiff and defendants entered into an agreement by wbicb tbe plaintiff sold to tbe defendants a quantity of bops and said defendants agreed to take and pay for said hops at the rate of forty-five cents per pound; the hops to be thereafter delivered…
1DissentBocees, J.
(dissenting) :
There was no delivery of the hops at the time of the contract of sale. The contrary of this is not pretended, as it could not be maintained on the evidence submitted. The question then is, whether the delivery afterwards, at the railroad station, was such a delivery as vested the title to the property in the defendants. Very manifestly it was not. The plaintiff left the hops with the station agent as his own property, under written directions to deliver them on payment of the pui’chase-price. The direction to the station agent was to deliver “m/y bale of hops upon the receipt of…
2Cases cited8 opinions
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Olyphant v. BakerNew York Supreme Court · 1848
- Smith v. . LynesNew York Court of Appeals · 1851
- Kein v. . TupperNew York Court of Appeals · 1873
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
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