Wait v. Green
New York Supreme Court
MOTIOXfor judgment upon a verdict for the plaintiff, subject to the opinion of the court. On the 31st of May, 1860, Thomas -E. Billington purchased a horse of Catharine Comins, and gave in exchange his own note for $100, payable to Mrs. Comins or bearer, with interest, in five months thereafter. At the bottom of the note was a memorandum in.these words: “Given for 1 bay horse. The said Mrs. Comins holds the said horse as her property until the above note is paid.”
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MOTIOXfor judgment upon a verdict for the plaintiff, subject to the opinion of the court. On the 31st of May, 1860, Thomas -E. Billington purchased a horse of Catharine Comins, and gave in exchange his own note for $100, payable to Mrs. Comins or bearer, with interest, in five months thereafter. At the bottom of the note was a memorandum in.these words: “Given for 1 bay horse. The said Mrs. Comins holds the said horse as her property until the above note is paid.” This memorandum was also signed by Billington." Early in the month of June, thereafter, Billington, claiming to be the absolute…
1Opinion of the Court
By the Court,
Mullin, J.
I entertain no doubt but that the sale of the horse by Mrs. Comins to Billington was a valid conditional sale. And that, as between Mrs. Comins and Billington, and all persons claiming through or under him, (except bona fide purchasers for value,) the title to *247the horse re'mamed in her. But we must assume, on the evidence, that the defendant was a Iona fide purchaser from Billington,without notice of the condition, and for value paid. As against such a purchaser the title must be held to have passed, and that the defendant acquired a perfect title to the horse. (Smith…
2Cases cited2 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Buck v. GrimshawNew York Court of Chancery · 1831