Nelson v. Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles B. Gibson, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Washington on the 14th day of November, 1910, denying the defendant’s motion for the dismissal of the complaint upon the pleadings.
1Opinion of the Court
Betts, J.:
The plaintifE in his complaint alleges that on February 8, 1908, he sold to one Shaw a team of mares and harness for $650. Shaw paid $125 thereon and gave his note, dated February 8, 1908, for $525 balance, payable two months after date. The note recited that it was given for the purchase price thereof, and contained this provision: “ And it is expressly agreed that no title to said property, for which this note is given, shall pass from F. J. Nelson until this note is fully paid.” That he then and there delivered the said mares and harness to said Shaw. On April 4, 1908, the…
2Cases cited6 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Herring v. . HoppockNew York Court of Appeals · 1857
- Austin v. . DyeNew York Court of Appeals · 1871
- Earle v. RobinsonNew York Supreme Court · 1895
- White v. A. W. Gray's SonsAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by5 opinions
- George A. Ohl & Co. v. Standard Steel Sections, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- John W. Snyder, Inc. v. AkerNew York Supreme Court · 1929
- Bramhall, Deane Co. v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1916
- In re Merwin & Willoughby Co.District Court, N.D. New York · 1913
- Quattrone v. SimonCity of New York Municipal Court · 1913