Herring v. Willard
The Superior Court of New York City
This was an action brought by the plaintiff, to recover from the defendant the possession of an iron safe, alleged to be the property of the plaintiff, or the value of the same, which was claimed to be. the sum of one hundred and sixty dollars. The pleadings consisted of a complaint and an answer.
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This was an action brought by the plaintiff, to recover from the defendant the possession of an iron safe, alleged to be the property of the plaintiff, or the value of the same, which was claimed to be. the sum of one hundred and sixty dollars. The pleadings consisted of a complaint and an answer. It was alleged in the complaint, that the safe, for the recovery of which the action was brought, was delivered by the plaintiff to the firm of Young & Co., in the city of New York, under an agreement in writing, which provided that the title should stiff remain in the plaintiff, and that the sale…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The question in this case is, who has the better title to the salamander safe, Herring or Willard? .
It is ■ contended on the part of the latter, that by Herring’s parting with' the possession of the property, and leaving it with Young & Co., as the apparent owners, Willard, on receiving a mortgage of the safe from Young & Co. for rent payable to him, became a bona fide purchaser of the same, and is entitled to retain it.
We have considered the matter, and think Herring has the better title. It is plain that he never parted with the title; and there is a fatal defect…
2Cited by4 opinions
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