Hopkins v. Grinnell
New York Supreme Court
MOTION by the plaintiff for a new trial. The action was tried at a circuit court held in the county of Cayuga, in May, 1856, when there was a verdict in favor of the defendants.
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MOTION by the plaintiff for a new trial. The action was tried at a circuit court held in the county of Cayuga, in May, 1856, when there was a verdict in favor of the defendants. At the trial the following facts were disclosed : The defendants, the firm of Grinnell, Min turn & Company, were the selling and purchasing agents in the city of New York of the Somerville Eope and Bagging Company, a manufacturing corporation, carrying on its business at its works in Somerville in the state of New Jersey. The plaintiff was the managing agent of the same company, at the factory,' and also the secretary…
1Opinion of the Court
By the Court, Welles, J.
Assuming that in the sale of the machinery in question by the defendants to the plaintiff, the former acted in their own right and not as agents of the rope and bagging company, and that they made the sale without title, it appears abundantly by the evidence that the plaintiff, at the time he made the purchase, knew, as well as the defendants knew it, the condition of the title to the ma.chinery. It was perfectly understood by all the parties, that the legal title was in the rope and bagging company, and that the property was largely encumbered by executions in the…
2Cases cited1 opinion
- Armstrong v. PercyNew York Supreme Court · 1830
3Cited by5 opinions
- Robison v. LockridgeAppellate Division of the Supreme Court of the State of New York · 1930
- Scranton v. . ClarkNew York Court of Appeals · 1868
- Blass v. LinsleyNew York Supreme Court · 1912
- Norman v. MancietteU.S. Circuit Court for the District of Oregon · 1871
- William Grossman v. BeckNew York Supreme Court · 1959