President of the Bank of Rochester v. Jones
New York Supreme Court
Trover for two hundred barrels of flour,- tried at the Albany circuit in October, 1844, before Parker, C. Judge. One Foster owned the flour in controversy on the 15th day of July, 1843, and on that day he delivered it to oneHannaghs, a forwarder at Rochester, and took from him a receipt, stating that the flour was “ to be forxvarded to B. P. Jones, [the defendant] Albany, in good order, without delay, subject to forty-five cents freight.”
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Trover for two hundred barrels of flour,- tried at the Albany circuit in October, 1844, before Parker, C. Judge. One Foster owned the flour in controversy on the 15th day of July, 1843, and on that day he delivered it to oneHannaghs, a forwarder at Rochester, and took from him a receipt, stating that the flour was “ to be forxvarded to B. P. Jones, [the defendant] Albany, in good order, without delay, subject to forty-five cents freight.” On the same, day the flour was shipped on board the boat T. B. Forsyth, S. T. Goodrich, master, and by the bill of lading, signed by Hannaghs and the…
1Opinion of the Court
By the Court, Beardsley, J.
This being an action of trover, the plaintiffs were bound to show a complete property, general or special, in the flour, or they could not recover. (1 Ch. Pl. 7th Am. ed. p. 170; 2 Saund. 47 a, note 1; Browne on Actions at Law, 426; Dillenback v. Jerome, 7 Cowen, 294; Hotchkiss v. McVickar, 12 John. 403.)
Foster was the sole and absolute owner of the flour on the day when the plaintiffs’title or right, if any they had, was acquired. But on that day, and before the plaintiffs had any pretence of claim to the flour, it had been delivered by Foster to Hannaghs to be…
2Cases cited1 opinion
- Hotchkiss v. M'VickarNew York Supreme Court · 1815
3Cited by3 opinions
- Campbell v. Erie Railway Co.New York Supreme Court · 1866
- Bloomer v. Cist, Court of Common Pleas of Ohio, Hamilton County1897
- Winter v. LudlowUnited States Circuit Court · 1858