Russell v. . Carrington
New York Court of Appeals
This was an action for the recovery of the price paid by the plaintiffs to the defendants for a quantity of corn, which, after the agreement of purchase, was destroyed by fire and was never actually received into the possession of the plaintiffs. The claim was based upon the assumption that the title liad never passed, and that the defendants had refused to fulfill their contract. The issues were tried by J ustiee Mullin, at the Otsego County Circuit, without a jury.
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This was an action for the recovery of the price paid by the plaintiffs to the defendants for a quantity of corn, which, after the agreement of purchase, was destroyed by fire and was never actually received into the possession of the plaintiffs. The claim was based upon the assumption that the title liad never passed, and that the defendants had refused to fulfill their contract. The issues were tried by J ustiee Mullin, at the Otsego County Circuit, without a jury. Ho rendered judgment for the plaintiffs, which was affirmed at the General Term of the fifth judicial district (two judges…
1Opinion of the CourtLott, J.
The following aré the material facts in this ease, as found by the judge who tried the issues therein without a jury. The plaintiffs on the eleventh day of August, 1858, bargained with the defendants for the purchase from them of 400 bushels of corn, parcel of a cargo of corn from the schooner St. Helena, which was then stored in a warehouse in Oswego, known as the Empire elevator, at a price agreed upon, which was paid to the defendants, and they gave a bill of sale receipted therefor. The defendant Carrington owned two-thirds of the elevator, and the other third was'owned by one Smith, and…
2Cases cited3 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Olyphant v. BakerNew York Supreme Court · 1848
3Cited by27 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Wells v. LittlefieldTexas Supreme Court · 1883
- Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
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