Wilmot v. Richardson
The Superior Court of New York City
Exceptions ordered, at the trial had February 15, 1858, before Mr. Justice Woodruff, and a jury, to be first heard at general term. The plaintiffs are John Wilmot, William Gooderham, William P. Howland, and James G. Worts.
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Exceptions ordered, at the trial had February 15, 1858, before Mr. Justice Woodruff, and a jury, to be first heard at general term. The plaintiffs are John Wilmot, William Gooderham, William P. Howland, and James G. Worts. They composed the firm of “ J. Wilmot fy Co,” were large dealers in 1854 in Canada flour, J. Wilmot was the only partner in New York; John W. Hull, was their managing agent; the other partners resided at Toronto, and conducted the business of the firm at that place. The defendants are Thomas Richardson, James Spence, and Edward F. Patón. They did business at New York under…
1Opinion of the CourtRobertson, J.
—Upon the question of a conditional delivery of the merchandise which forms the subject of controversy in this case, my views coincide with those of the learned judge before whom the case was tried. If the delivery of the ships’ receipts to McKean was conditional, and he was not at liberty to part with them unless he got the money, then the plaintiffs did not, by that delivery alone, lose their right to reclaim the merchandise from any one who took it with notice of such condition, or who did not advance anything on the faith of Patterson’s possession of the merchandise, receipts, or bills of…
2Cases cited4 opinions
- Andrew v. DieterichNew York Supreme Court · 1835
- Caldwell v. BartlettThe Superior Court of New York City · 1854
- Haggerty v. DuaneNew York Court of Chancery · 1829
- Wilmot v. RichardsonThe Superior Court of New York City · 1857