Wheelwright v. Depeyster
New York Supreme Court
THIS was an action of trover, for a quantity of coffee. The cause was tried at the New-York sittings, the 18th day of April, 1806, before Mr. justice Spencer. At the trial, the following facts appeared in evidence.
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THIS was an action of trover, for a quantity of coffee. The cause was tried at the New-York sittings, the 18th day of April, 1806, before Mr. justice Spencer. At the trial, the following facts appeared in evidence. The plaintiffs were owners of the schooner Peggy of Rewbury port, and of a greater part of the cargo, consisting of coffee in hogsheads, barrels and bags, marked S. P. and they and the master were joint owners, of another part of the cargo, being five bags of coffee, without marks. The schooner had sold her outward cargo at St Marks, in the -gjanc[ q£ Domingo, in January, 1804,-…
1Opinion of the CourtKent, C. J.
This cause was very ably argued by the counsel, and the several points submitted, have received, as they merited, the attentive consideration of the court.
It was contended, that a bona fide purchase by the defendants at St. Jago, for a valuable consideration, and without notice, was equivalent to a purchase in market-overt under the English law, and bound the property against the party who had right. As no local law is alleged, or proved, this question must be governed by the general principles of thé law of sales, which we are to presume, until the contrary be shown, are received and adopted…
2Cases cited2 opinions
- Bry v. DowellSupreme Court of Louisiana · 1841
- Bellows v. FolsomThe Superior Court of New York City · 1866
3Cited by28 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Mowrey v. WalshNew York Supreme Court · 1828
- Fawcett, Isham & Co. v. Osborn, Adams & Co.Illinois Supreme Court · 1863
- Waggoner v. SnodyTexas Supreme Court · 1905
- Thomas v. People ex rel. JoinerIllinois Supreme Court · 1883
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