Bush v. Lyon
New York Supreme Court
Trover, to recove? the value of a quantity of staves, tried at the. Monroe circuit, March 15th. Birdsall, C, Judge. 1827, before • - *To show title, the plaintiff produced a written contract with ope Coonrad, dated January 4th, 1825, by which Coonrad agreed to deliver to the plaintiff, on the canal, . w ' 40,000 pipe staves, and 40,000 hogshead staves, at $14 per thousand for pipe, and $9 per thousand for hogshead staves.
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Trover, to recove? the value of a quantity of staves, tried at the. Monroe circuit, March 15th. Birdsall, C, Judge. 1827, before • - *To show title, the plaintiff produced a written contract with ope Coonrad, dated January 4th, 1825, by which Coonrad agreed to deliver to the plaintiff, on the canal, . w ' 40,000 pipe staves, and 40,000 hogshead staves, at $14 per thousand for pipe, and $9 per thousand for hogshead staves. On the back of the contract, Coonrad certified, (on the 28th of January, 1825,) that he had delivered to the plaintiff all the staves which he had made on Sina Wilcox’s…
1Opinion of the Court
Curia,, per Savage, Ch. J.
The- questions., presented- for the consideration of this, court are, !. Had the plaintiff such, a property in, himself as would enable him,to maintain trover? 2. WasHenry M. Starkes a competent, witness ?
1;. As. tq property in the-, plaintiff. There, is nO- doubt, that the whole- property, at the. time, of the. contract between Coonrad- and the plaintiff, was, in Gqpnrad',. he having purchased the timber of Wilcox,, about the- 1st. of; January, 1825, The. contract w.as on the. 4th of January, 1825, By that contract no title to the- property passed-; but Goonrad then…
2Cited by6 opinions
- Cutter v. FanningSupreme Court of Iowa · 1856
- Wood v. . OrserNew York Court of Appeals · 1862
- Gunning v. QuinnNew York Supreme Court · 1894
- Mayer v. KilpatrickNew York Court of Common Pleas · 1894
- James Talcott, Inc. v. Acme Finishing Co.Appellate Division of the Supreme Court of the State of New York · 1920
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