Dows v. . Perrin
New York Court of Appeals
Appeal from the Superior Court of New-York city. Che action was brought to recover the possession of about five thousand bushels of corn. On the trial, before Mr. Justice Oaklet, it was proved that Dows & Carey, eomyiission merchants of New-York city, had agreed with I. F. 'Jack, of Rochester, to advance thirty-eight cents per bushel It was proved by the defendants that Walker, the clerk from whom Bloss obtained the shipping bills, had in fact_no authority to give them.
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Appeal from the Superior Court of New-York city. Che action was brought to recover the possession of about five thousand bushels of corn. On the trial, before Mr. Justice Oaklet, it was proved that Dows & Carey, eomyiission merchants of New-York city, had agreed with I. F. 'Jack, of Rochester, to advance thirty-eight cents per bushel It was proved by the defendants that Walker, the clerk from whom Bloss obtained the shipping bills, had in fact_no authority to give them. He had never signed shipping papers of a like character, nor any the effect of which was to transfer or authorize the…
1Opinion of the Court
Denio, Ch. J.
The decision of this case depends upon the determination we shall come to as to the title of the corn-in question, at the time the papers by which the action was commenced were served. The defendants derived their right from Messrs. Niles & Wheeler, and these persons being originally the owners, the defendants were entitled to prevail, unless the plaintiffs had, at an earlier period, acquired, the title which Niles & Wheeler formerly had. I am of opinion that the paper which was executed by E. H. Walker in the name of Niles & Wheeler is in the nature- of, and that, so far as this…
2Cited by18 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Burton v. CuryeaIllinois Supreme Court · 1866
- Dows v. . GreeneNew York Court of Appeals · 1862
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