Winter v. . Coit
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a judgment of the Superior Court of the city of New York, in favor of the plaintiff, had been affirmed, on error. This was an action of replevin for ninety-four bales of cotton, brought by John G. Winter, the plaintiff, as mortgagee of John Hunter, against the firm of Henry Coit & Co., merchants in New York.
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Appeal from the general term of the Supreme Court, in the first district, where a judgment of the Superior Court of the city of New York, in favor of the plaintiff, had been affirmed, on error. This was an action of replevin for ninety-four bales of cotton, brought by John G. Winter, the plaintiff, as mortgagee of John Hunter, against the firm of Henry Coit & Co., merchants in New York. In January 1844, John Hunter, a resident of Columbus, in Georgia, consigned a quantity of cotton to the defendants for sale, under an arrangement that he might draw on them for three-fourths of its cost at…
1Opinion of the CourtJohnson, J.
The jury wore properly instructed as to the waiver of the defendants’ lien for their charges for insurance, *freight, cartage, labor, storage and „ ^ fire insurance, that if on being apprised of the plaintiff’s claim, they put themselves, not upon their lien, but only upon the denial of the plaintiff’s right, they could now assume a different ground. (Holbrook v. Wright, 24 Wend. 169.)
The jury were likewise instructed, that if the cotton in question was consigned to the defendants as Hunter’s factors, with advice of a draft, and directions to insure, and not with intent of transferring to…
2Cited by13 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Luckenbach S. S. Co. v. W. R. Grace & Co.Court of Appeals for the Fourth Circuit · 1920
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Ault v. DustinTennessee Supreme Court · 1898
- Tiffany v. . St. JohnNew York Court of Appeals · 1875
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