Cobb v. Dows
New York Supreme Court
This was an appeal by the defendants from a judgment entered at special term upon the report of a referee. The action was brought by Cobb against Dows, Guiteau, Church & Ball. The complaint alledged that Cobb, the plaintiff, on the 9th day of May, 1848, owned and held about 3500 bushels of wheat, then being in the public stores, known as the Atlantic dock store houses in Brooklyn.
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This was an appeal by the defendants from a judgment entered at special term upon the report of a referee. The action was brought by Cobb against Dows, Guiteau, Church & Ball. The complaint alledged that Cobb, the plaintiff, on the 9th day of May, 1848, owned and held about 3500 bushels of wheat, then being in the public stores, known as the Atlantic dock store houses in Brooklyn. That Dows & Guiteau being partners, on that day, without the authority and consent of the plaintiff, took 2002 bushels, 54 lbs. and 3 oz of this wheat from the said public stores as being the property of Church &…
1Opinion of the Court
By the Court, Brown, J.
It is .established by the proof that some 5000 bushels of the wheat of the defendants was in store with John Wight and Co., in building No. 12, Atlantic dock, and that at the time the defendants, Dows & Guiteau, made the sale to Hows, Godfrey & Co. and drew the order upon John Wight & Co. for the 3037 bushels ff, they were entitled to that quantity from building No. 12. The sale, therefore, was a sale *242of the wheat of the defendants and not of the plaintiffs, and the order was to deliver wheat from No. 12, and not from No. 11. In the sale, and in the giving of the order,…
2Cases cited5 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Everett v. CoffinNew York Supreme Court · 1831
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