Legal Opinion

Copland v. Bosquet

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided April 15, 1826PublishedCited by 12 opinions

This is an action of replevin for seventy-three casks of Teneriffe wine, of the value of $216S. 10 cents. The jury found a verdict (the verdict was so found under an agreement of the counsel; and under a further agreement, that the court might draw such inferences from the evidence as the jury might have done; and further, that if the opinion of the court should be in favour of the plaintiff, the judgment should be entered, for $2108. 10 cents, with interest from the 9th of…

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This is an action of replevin for seventy-three casks of Teneriffe wine, of the value of $216S. 10 cents. The jury found a verdict (the verdict was so found under an agreement of the counsel; and under a further agreement, that the court might draw such inferences from the evidence as the jury might have done; and further, that if the opinion of the court should be in favour of the plaintiff, the judgment should be entered, for $2108. 10 cents, with interest from the 9th of July, 1825, until paid) for the plaintiff, subject to the opinion of the court, upon the following case: On the 1st of…

1Opinion of the Court

WASHINGTON, Circuit Justice.

The first question in this cause is, whether the sale by Amory to the plaintiff, as the agent of Beylle ■& Co. was absolute, or conditional? If the former, then the right of property was im■mediately changed, and became vested in Beylle & Co.; if the latter, it was not divi st-•ed out of Amory until the terms of the contract were complied with; unless those terms were afterwards waived by Amory, by an unconditional delivery of the property. Some of the general principles of law applicable to sales of personal property, may be briefly stated as follows. Upon the…

2Cases cited2 opinions

  1. Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
  2. Haggerty v. PalmerNew York Court of Chancery · 1822

3Cited by12 opinions

  1. Harkness v. RussellSupreme Court of the United States · 1886
  2. Southern Pine Co. of Georgia v. Savannah Trust Co.Court of Appeals for the Fifth Circuit · 1905
  3. Bergan v. Magnus & Co.Supreme Court of Georgia · 1896
  4. Heinbockle v. ZugbaumMontana Supreme Court · 1885
  5. Merchants' Exch. Bank v. McGrawCourt of Appeals for the Ninth Circuit · 1894

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