Harris v. Hart
The Superior Court of New York City
Motion on the part of the plaintiffs for judgment upon a verdict in their favor, judgment having been suspended by order of the court. The action was brought to recover the possession or value of certain merchandise, in relation to which the plaintiffs claimed to have duly exercised their right of stoppage as vendors, the vendees having become insolvent before any delivery of the goods. The answer wholly denied the title of the plaintiffs.
Read the full summary
Motion on the part of the plaintiffs for judgment upon a verdict in their favor, judgment having been suspended by order of the court. The action was brought to recover the possession or value of certain merchandise, in relation to which the plaintiffs claimed to have duly exercised their right of stoppage as vendors, the vendees having become insolvent before any delivery of the goods. The answer wholly denied the title of the plaintiffs. The cause was tried before Woodruff, J., and a jury, in May, 1856. Upon the trial the counsel for the parties submitted the case upon sundry depositions,…
1Opinion of the CourtBy the Court. Woodruff, J.
It is not claimed that, (if the right of stoppage in transitu existed on the 14th day of June, 1854, when the plaintiffs demanded the goods,) the demand made by the plaintiffs and the notice thereof were not a proper and sufficient exercise of that right to entitle the plaintiffs to take the goods and to recover in this action.
The defendants denied the right, and afterwards paid the freight and duties, and took possession of the goods, but this was not only after the rights of the parties had been fixed by the demand and refusal, but after this suit was brought. The case must, therefore, be…
2Cases cited5 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Buckley v. FurnissNew York Supreme Court · 1837
- Hitchcock v. CovillNew York Supreme Court · 1838
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- Morris v. ShryockMississippi Supreme Court · 1874
- Delta Bag Co. v. KearnsAppellate Court of Illinois · 1904
- Gass v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Lake Shore & Michigan Southern Railway Co. v. National Live Stock BankAppellate Court of Illinois · 1895
- Fraschieris v. HenriquesNew York Court of Common Pleas · 1868
3 more not listed; retrieve them via the Exa API.