Covill v. Hill & Sanford
New York Supreme Court
Trover for a quantity of white pine lumber, tried at the Chemung circuit in May, 1844, before Monell, Cir. J. The jury found a special verdict, stating the facts substantially as follows.
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Trover for a quantity of white pine lumber, tried at the Chemung circuit in May, 1844, before Monell, Cir. J. The jury found a special verdict, stating the facts substantially as follows. On the 6th of December, 1841, the plaintiff and Bradford A. Potter entered into a written contract, stating that Potter had that day purchased of the plaintiff all his white pine boards and plank at his two saw mills, amounting in quantity to about 200,000 feet, at $8,25 per thousand, to be delivered i i two specified points on the bank of the Chemung canal, befoi a the opening of canal navigation in the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is a principle of the common law, which has but few exceptions, that a man cannot be divested of his property without his consent. And although possession is one of the most usual evidences of title to personal chattels, yet, as a general rule, mere possession wil. not enable a man to transfer a better title than he has himself or than he has been authorized by the owner to grant. Exceptions in favor of trade are allowed in the case of money and negotiable instruments. But as to other personal chattels, the mere possession, by whatever means it may have been…
2Cases cited2 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
3Cited by48 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Weaver v. . BardenNew York Court of Appeals · 1872
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Edwards v. . DooleyNew York Court of Appeals · 1890
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
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