Wheeler & Wilson Manuf'g Co. v. Keeler
New York Supreme Court
Exceptions from circuit court, Cayuga county. Action by the Wheeler & Wilson Manufacturing Company against William E. Keeler, sheriff, and Thomas Jones. Plaintiff moves for a new trial on a case and exceptions ordered to be heard in the first instance at general term after nonsuit granted at the circuit. Motion denied.
1Opinion of the CourtDwight, P. J.
The action was replevin fora lot of sewing machines,, and the sole question was of the plaintiff's title to the property, at the time of the commencement of the action. The property had been sold to the Rheubottom & Teal Manufacturing Company of Weedsport, several months before, under an agreement that the vendee "should give “a good eleven-months note” for the price when the bill was rendered, and without waiting for the machines to be set up. The note was not given, although a bill was rendered, and the machines were afterwards shipped and set up. These facts present the first ground of the…
2Cases cited5 opinions
- Miller v. . BarberNew York Court of Appeals · 1876
- Hall v. . NaylorNew York Court of Appeals · 1859
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Smith v. . LynesNew York Court of Appeals · 1851
- Coffin v. HollisterNew York Supreme Court · 1889
3Cited by4 opinions
- Darling v. KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Burchinell v. HirshColorado Court of Appeals · 1895
- Hirsch Lumber Co. v. HubbellAppellate Division of the Supreme Court of the State of New York · 1911
- Burchinell v. HirshColorado Court of Appeals · 1895