Pierson v. Hoag
New York Supreme Court
THIS action was brought on a contract of warranty, claimed to have been made by the defendant on the sale of a horse to the plaintiff. On the 5th of September, 1863, the plaintiff purchased a horse of the defendant, for the sum of $225. At said purchase the plaintiff j>aid to the defends ant $10, as part of the purchase price for said horse, and then and there requested the defendant i6to keep the horse till the next Friday, at which time he would come and take him.”
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THIS action was brought on a contract of warranty, claimed to have been made by the defendant on the sale of a horse to the plaintiff. On the 5th of September, 1863, the plaintiff purchased a horse of the defendant, for the sum of $225. At said purchase the plaintiff j>aid to the defends ant $10, as part of the purchase price for said horse, and then and there requested the defendant i6to keep the horse till the next Friday, at which time he would come and take him.” On Saturday, the 12th of September, the plaintiff went to the residence of the defendant, paid the defendant $165 in money, and…
1Opinion of the Court
By the Court, Johnson, J.
In a sale of chattels, when the purchase price is to be paid upon the delivery of the article to the purchaser, the title remains in the seller until delivery. (Kelley v. Upton, 6 DBuer, 336. Fleeman v. McKean, 25 Barb. 474. Whitcomb v. Hungerford, 42 id. 177.) This rule is so just and reasonable, that it scarcely needs to be fortified by the citation of authorities. And this is so where partial payments are made to bind the bargain, or *246otherwise, if no credit is contemplated after delivery. That was this case, and the court was unquestionably right in charging the…
2Cases cited1 opinion
- Fleeman v. McKeanNew York Supreme Court · 1857
3Cited by6 opinions
- United States v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1940
- Woelfle v. Connecticut Mut. Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
- McLaughlin v. MarstonWisconsin Supreme Court · 1891
- Ideal Cash Register Co. v. ZuninoNew York Supreme Court · 1902
- Keeler v. VandervereNew York Supreme Court · 1871
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