Mowrey v. Walsh
New York Supreme Court
Trover for cotton cloths: tried at the Washington cir-November 14th, 1826, before Walworth, 0. judge The case at the trial was briefly this: on the 16th of January, 1826, a person calling himself Samuel Stevens, to plaintiff’s factory in Easton, Washington county, and presented a forged paper, purporting to be signhy Isaac Bishop, mentioning Stevens as a person who wished to purchase cotton goods, as one who might safe-he trusted, and assuming to pay whatever amount the…
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Trover for cotton cloths: tried at the Washington cir-November 14th, 1826, before Walworth, 0. judge The case at the trial was briefly this: on the 16th of January, 1826, a person calling himself Samuel Stevens, to plaintiff’s factory in Easton, Washington county, and presented a forged paper, purporting to be signhy Isaac Bishop, mentioning Stevens as a person who wished to purchase cotton goods, as one who might safe-he trusted, and assuming to pay whatever amount the plaintiffs might supply him with. The plaintiffs’ clerk o rv j r sold to Stevens the cotton 'cloths in question, amounthig…
1Opinion of the Court
Owria, per Savage, Oh. J.
It seemed to be conceded upon the argument, that if the, goods were taken feloniously, *no title passed from the vendors; and they might pursue and take their goods wherevdl found. Such is the law in England, unless the stolen goods are sold fairly in market overt. 2 Bl. Com. 449. And as we have, in this state, no such market, (1 John. 471,) sales here can have no other effect than mere private sales in England. It follows that, in this state, any sale of stolen goods does not divest the title of the owner.
*It is proper, therefore, to inquire whether the goods in…
2Cases cited6 opinions
- Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1809
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Kinder v. ShawMassachusetts Supreme Judicial Court · 1807
- Van Cleef v. FleetNew York Supreme Court · 1818
- Hollingsworth v. NapierNew York Supreme Court · 1805
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3Cited by59 opinions
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- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
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