Sanger v. . Waterbury
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14,1886, which affirmed a judgment in favor of the defendants, entered upon a verdict directed by the court. This was an action of replevin, brought to recover the possession of two hundred and thirty-eight bags of coffee, identified and described in the complaint as follows : “ 89 bags, marked No. 6, II.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14,1886, which affirmed a judgment in favor of the defendants, entered upon a verdict directed by the court. This was an action of replevin, brought to recover the possession of two hundred and thirty-eight bags of coffee, identified and described in the complaint as follows : “ 89 bags, marked No. 6, II. L. B. & Co., D. B. & Co. 32 bags, marked No. 8, IT. L. B. & Co., D. B. & Co. 14 bags, marked No. 10, H. L. B. & Co., D. B. & Co. 29 bags, marked No. 12, IT. L.…
1Opinion of the CourtParker, J.
The appellant contends that the title to the coffee in controversy did not pass to J. K. Huston & Co., and that, therefore, the transfer to Waterbury & Force did not vest in them the title or the possession. The sale is admitted. But as the coffee had to be weighed in order to ascertain the amount to be paid to plaintiffs, it is insisted that the title remained in the plaintiffs. In aid of this contention is invoked the rule that where something remains to be done by the seller to ascertain the identity, quantity or quality of the article sold, or to put it in the condition which the contract…
2Cases cited3 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- Crofoot v. . BennettNew York Court of Appeals · 1849
3Cited by6 opinions
- Bristol Manufacturing Corp. v. MillsMassachusetts Supreme Judicial Court · 1912
- Allen v. ElmoreSupreme Court of Iowa · 1903
- George Boiko & Co. v. Atlantic Woolen Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of SmithNew York Surrogate's Court · 1939
- Barber v. AndrewsSupreme Court of Rhode Island · 1908
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