Ballard v. Burgett
New York Supreme Court
THIS action was brought to recover the possession of personal property claimed to be wrongfully detained from the plaintiffs by the defendant.
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THIS action was brought to recover the possession of personal property claimed to be wrongfully detained from the plaintiffs by the defendant. The referee before whom the cause was tried, found as facts, that the plaintiffs sold to William France the oxen mentioned and described in the complaint, for the price of $180, and that it was agreed by and between the plaintiffs and him that the oxen were to remain the property of the plaintiffs until they should be paid for by said William France. And that, in April, 1866, France sold and delivered the oxen to the defendant, who purchased them…
1Opinion of the Court
By the Court, Daniels, J.
There is a very striking incongruity both in the finding of the facts by the referee and the statement of them in the case presented in this action. . It arises upon the statement that the plaintiffs sold and delivered the oxen in controversy to William France, and that it was also agreed between them' that the oxen should remain the plaintiffs’ property until they were paid for. If they were sold and delivered, the title to them passed to the purchaser. But if the plaintiffs agreed to sell them only when the purchase price was paid, the title in the meantime…
2Cases cited11 opinions
- Herring v. . HoppockNew York Court of Appeals · 1857
- Terry v. . WheelerNew York Court of Appeals · 1862
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Olyphant v. BakerNew York Supreme Court · 1848
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
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3Cited by7 opinions
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Brewster v. SimeCalifornia Supreme Court · 1871
- Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1881
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
- Bassett v. LedererNew York Supreme Court · 1874
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