Comfort v. Kiersted
New York Supreme Court
THIS was an appeal from a judgment of the Sullivan county court, reversing a justice’s judgment. The .action was brought to recover the value of 17 bunches of shingles, which had been taken by the defendants from the possession of the plaintiff. Upon the trial before the justice and a jury, the plaintiff proved that he had purchased the shingles at a constable’s sale, under an execution against one Prosper P. Davis, by whom the shingles were manufactured.
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THIS was an appeal from a judgment of the Sullivan county court, reversing a justice’s judgment. The .action was brought to recover the value of 17 bunches of shingles, which had been taken by the defendants from the possession of the plaintiff. Upon the trial before the justice and a jury, the plaintiff proved that he had purchased the shingles at a constable’s sale, under an execution against one Prosper P. Davis, by whom the shingles were manufactured. The defendant also claimed title under Davis, and gave in evidence a contract as follows: “Mongaup Valley, Jan. 1, 1856. An agreement made…
1Opinion of the Court
By the Court, Habbis, J.
It is not always an easy matter to determine whether a contract for the sale of goods is so far executed as to pass the title to the vendee. In respect to goods in esse at the time of' the contract, it is a general rule that the contract of sale itself transfers the right of property to the purchaser, if the vendor has nothing more to do before delivery. (2 Kents Com. 492.) But where the thing to he sold is yet to he manufactured, the title does not pass until there has been some act on the part of the vendor which amounts to a delivery, and some act on the part of the…
2Cases cited2 opinions
- Gregory v. StrykerNew York Supreme Court · 1846
- Newcomb v. CramerNew York Supreme Court · 1850
3Cited by13 opinions
- Deeley v. . DwightNew York Court of Appeals · 1892
- Whitcomb v. WhitneyMichigan Supreme Court · 1872
- Lyman v. BecannonMichigan Supreme Court · 1874
- Rider v. RobertsSupreme Court of Vermont · 1859
- Dexter v. BevinsNew York Supreme Court · 1864
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