Legal Opinion

Edwards v. . Dooley

New York Court of Appeals

Decided June 3, 1890PublishedCited by 53 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 28, 1888, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict. This action was to recover the value of a quantity of hides. Plaintiffs claimed title on the ground that the hides were-bought by their agent, and with their money.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 28, 1888, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict. This action was to recover the value of a quantity of hides. Plaintiffs claimed title on the ground that the hides were-bought by their agent, and with their money. Defendants claimed under a bill of sale given by said agent as security for a present loan of money. At the close of the testimony the defendants moved to dismiss the complaint “ upon the ground…

1Opinion of the Court

Brow®', J.

The principal contention of the appellant on this appeal is that the legal title to the hides in question was not in the respondents.

The court denied a motion to dismiss the complaint made on that ground, and it instructed the jury “ that if the hides * * * were bought by Ford or his agents with money furnished to him for that purpose by the plaintiffs, they were plaintiffs’ property at the time Ford pledged them.

“ That the plaintiffs became the owners of the hides as soon as they were paid for, whether or not Ford used for that purpose the specific proceeds of the drafts drawn upon…

2Cases cited4 opinions

  1. Williamson v. . BrownNew York Court of Appeals · 1857
  2. Saltus & Saltus v. EverettNew York Supreme Court · 1838
  3. President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
  4. Covill v. Hill & SanfordNew York Supreme Court · 1847

3Cited by53 opinions

  1. Karavos Compania Naviera S. A. v. Atlantica Export Corp.Court of Appeals for the Second Circuit · 1978
  2. Rolfe v. . HewittNew York Court of Appeals · 1920
  3. Dudley v. . PerkinsNew York Court of Appeals · 1923
  4. Kuhn v. City of New YorkNew York Court of Appeals · 1937
  5. Taylor v. SartoriousMissouri Court of Appeals · 1908

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