Lansing v. Turner
New York Supreme Court
This was an action on the case, for a breach of contract, m not delivering to the plaintiffs, in agoodand marchant"able condition, a certain quantity of beef, purchased by them, of the defendants. The cause was tried, at the Rensselaer circuit, in 1806, before Mr. Chief Justice 'Kent. On the trial, a bill of parcels of the beef, and a receipt of payment in full given by- the defendant the 5th January, 1805, was -proved.
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This was an action on the case, for a breach of contract, m not delivering to the plaintiffs, in agoodand marchant"able condition, a certain quantity of beef, purchased by them, of the defendants. The cause was tried, at the Rensselaer circuit, in 1806, before Mr. Chief Justice 'Kent. On the trial, a bill of parcels of the beef, and a receipt of payment in full given by- the defendant the 5th January, 1805, was -proved. It appeared in evidence, that the contract for the beef was made in the autumn of 1804, . „ ■ and was to remain in the possession of the defendant, uri.til it was sent by the…
1Opinion of the Court
Thompson, J. delivered
the opinion of the court.
The principal question in this case, is, whether, in judgment of law, there was a delivery of the property. The purchase was made in the autumn of 1804; and the consideration money paid the following January, at which time, there is little or no doubt, that the beef was in good order. It remained, however, in the actual possession of the defendants, until the succeeding summer, when it was found to be damaged ; and on whom the loss *16ought to fall, is now the point in dispute. The pron r r r perty m the beef was so far transferred, on the payment…
2Cited by1 opinion
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