Brewster v. Baker
New York Supreme Court
This was an action to recover the value of a canal boat, claimed as belonging to the plaintiffs, and which it was alleged in the complaint the defendant had converted to his own use.
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This was an action to recover the value of a canal boat, claimed as belonging to the plaintiffs, and which it was alleged in the complaint the defendant had converted to his own use. The defendant, by his answer, denied the allegations in the complaint, and alleged that in June, 1850, he purchased the boat of one Sidney B. Thompson, in whose name the same was registered in the canal offices, and in whose actual possession said boat then was, and for a long time previous had been. That he paid therefor the full value of said boat, and took possession thereof, under said purchase, without any…
1Opinion of the Court
By the Court, Johnson, J.
It is a well established principle, that where the owner of property stands by, and sees another sell it as his own to a bona fide purchaser, and makes no objection and gives no notice of his rights, he will be held to have sanctioned the sale, and will not afterwards be permitted to assert his title, as against such purchaser. And the same rule I apprehend prevails, where the owner is informed of a sale of his property by another upon credit, and does not object to it or give the purchaser notice of his rights, but lies by and permits such purchaser to pay the…
2Cited by8 opinions
- Twinam v. SwartNew York Supreme Court · 1871
- Cheeney v. ArnoldNew York Supreme Court · 1854
- Brewster v. BakerNew York Supreme Court · 1855
- American Exchange Bank v. WebbNew York Supreme Court · 1858
- New England Car-Spring Co. v. Union India Rubber Co.U.S. Circuit Court for the District of Southern New York · 1857
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