Ludden v. Hazen
New York Supreme Court
THE plaintiff brought trover, before a justice of the peace, for parts of two barrels of whisky and part of a keg of gin, seized and taken by the defendant as a constable, on an execution against one Hackett. The plaintiff claimed title as owner, and that the liquors were part of a large quantity which l>e had sold conditionally to Hackett, to become his when paid for. The residue of the liquor had, prior to the levy, been sold by the defendant at retail, contrary to law.
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THE plaintiff brought trover, before a justice of the peace, for parts of two barrels of whisky and part of a keg of gin, seized and taken by the defendant as a constable, on an execution against one Hackett. The plaintiff claimed title as owner, and that the liquors were part of a large quantity which l>e had sold conditionally to Hackett, to become his when paid for. The residue of the liquor had, prior to the levy, been sold by the defendant at retail, contrary to law. The judgment tinder which the defendant justified was in favor of the commissioners of excise, for a violation of the…
1Opinion of the Court
By the Court, Allen, J.
The running of an unlicensed grocery upon borrowed whisky is a new expedient by which a party may violate the laws and avoid pecuniary responsibility, and calls for a novel application of the doctrines incident to conditional sales of personal property. That personal property may be sold and delivered under an agreement for the payment of the price at a future day, find the title by express agreement remain in the Vendor until the payment of the purchase price, is now well settled. Such payment is strictly a condition precedent, and until performance the property does…
2Cited by23 opinions
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- Lewis v. McCabeSupreme Court of Connecticut · 1881
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
- West v. FullingIndiana Court of Appeals · 1905
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