Lupin v. Marie
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. On the 24th August, 1826, Marie bought of an agent of the complainants in the city of New-York, 18 packages of goods, amounting to $7993,58, for which he agreed to give his own notes, payable in 5 equal proportions, at 6, 7, 8, 9 and 10 months; the goods were sold at 14 cents per franc, short price, when goods of the same quality were publicly selling at from 20 to 22 cents per franc, and not at a larger credit than six months.
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Appeal from chancery. On the 24th August, 1826, Marie bought of an agent of the complainants in the city of New-York, 18 packages of goods, amounting to $7993,58, for which he agreed to give his own notes, payable in 5 equal proportions, at 6, 7, 8, 9 and 10 months; the goods were sold at 14 cents per franc, short price, when goods of the same quality were publicly selling at from 20 to 22 cents per franc, and not at a larger credit than six months. On the 25th August the goods were delivered to Marie, who represented to the agent of the complainants that he intended to ship them to Havana…
1Opinion of the Court
The following opinion was delivered:
By Mr. Justice Marcy.
The questions presented by this case for our determination are, 1. Was there*a sale of the 18 packages of merchandize by the appellants to Marie 1 2. Had the appellants a lien on the property when they demanded it at Norfolk or New-York %
The validity of the sale is questioned upon two grounds: 1. The contract of sale was never complete, it is said, because the purchaser Marie did not comply with the condition upon which its validity depended. The position that where any thing remains to be done to complete a contract of sale, the title…
2Cases cited2 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
3Cited by35 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Osborn v. GantzNew York Court of Appeals · 1875
- Smith v. . LynesNew York Court of Appeals · 1851
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
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