Kimberly v. Patchin
New York Court of Appeals
Appeal from the Supreme Court-. Action to recover the value-of-six thousand bushels of wheat, alleged to have been the property of- the plaintiffs, and to have been converted by the defendant.- Upon-the trial-before Mr. Justice G-reene, at the-Erie-Circuit, it was proved that, one Dickinson had in warehouse, at Littlefort,-in Wisconsin; two piles of wheat, amounting to six thousand two hundred and forty-nine bushels. • John Shuttleworth proposed to purchase six thousand-…
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Appeal from the Supreme Court-. Action to recover the value-of-six thousand bushels of wheat, alleged to have been the property of- the plaintiffs, and to have been converted by the defendant.- Upon-the trial-before Mr. Justice G-reene, at the-Erie-Circuit, it was proved that, one Dickinson had in warehouse, at Littlefort,-in Wisconsin; two piles of wheat, amounting to six thousand two hundred and forty-nine bushels. • John Shuttleworth proposed to purchase six thousand- bushels of wheat. Upon being-shown the piles, .he expressed a.doubt whether they - contained that, quantity. Dickinson…
1Opinion of the CourtComstock, J.
Both parties trace their title to the wheat in controversy to D. O. Dickinson, who was the former owner, and held it in store at Littlefort, Wisconsin. The defendant claims through a sale made by Dickinson to one Shuttleworth on the 18th of February, 1848. If that sale was effectual to pass the title, it is not now pretended that there is any ground on which the plaintiffs can recover in this suit. The sale to the person under whom they claim, was about two and a half months junior in point of time.
The sale to Shuttleworth was by a writing in the form of a present transfer of six thousand…
2Cases cited1 opinion
- Pleasants v. PendletonSupreme Court of Virginia · 1828
3Cited by4 opinions
- Blythe v. AyresCalifornia Supreme Court · 1892
- Luse v. Isthmus Transit Railway Co.Oregon Supreme Court · 1876
- Bemis v. AllenSupreme Court of Iowa · 1903
- E. F. Kirwan Manufacturing Co. v. TruxtonSuperior Court of Delaware · 1899