Legal Opinion

Creamery Package Manufacturing Co. v. Horton

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1917PublishedCited by 4 opinions

Appeal by the plaintiff, The Creamery Package Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 26th day of January, 1917, upon a decision of the court dismissing the complaint on the merits after a trial before the court without a jury. The action was brought to recover damages -resulting from the alleged conversion of a silo.

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Appeal by the plaintiff, The Creamery Package Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 26th day of January, 1917, upon a decision of the court dismissing the complaint on the merits after a trial before the court without a jury. The action was brought to recover damages -resulting from the alleged conversion of a silo. When the action came on for trial the parties submitted an agreed statement of facts, and supplemented it by evidence taken before a referee, upon the question…

1Opinion of the Court

Sewell, J.:

There is no doubt that, as between the plaintiff and the defendant George H. Horton, the failure to filé the contract did not affect the validity of the plaintiff’s title to the silo. It is equally clear that the title to it remained in the plaintiff as against the defendant Sarah J. Horton, as it appears that the silo could be detached and removed without causing any serious damage to the realty and she failed to meet the burden imposed upon her of showing that she was a purchaser in good faith, that she had no knowledge of the condition of the contract and had parted with value…

2Cases cited6 opinions

  1. Crawford v. BurkeSupreme Court of the United States · 1904
  2. Dooley v. PeaseSupreme Court of the United States · 1901
  3. Davis v. . BlissNew York Court of Appeals · 1907
  4. Wood v. . FiskNew York Court of Appeals · 1915
  5. Phenix National Bank v. . WaterburyNew York Court of Appeals · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Holland Furnace Co. v. LoweSupreme Court of Georgia · 1931
  2. In re the Assignment for the Benefit of Creditors By PellegriniAppellate Division of the Supreme Court of the State of New York · 1936
  3. Craine Silo Co. v. Alden State BankAppellate Division of the Supreme Court of the State of New York · 1926
  4. M. P. Moller, Inc. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1932

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