Dows v. Dennistoun
New York Supreme Court
ON the 18th May, 1851, one Edward B. Cooper purchased 'of Dows & Cary, a firm consisting of the plaintiff David Dows and one John B. Cary, since deceased, 500 barrels of flour for cash, and the vendor by his direction sent the flour on hoard the ship Conqueror, it being understood that Cooper was sending the same to Liverpool for sale. The flour was so put on board the ship, and Cooper received the bill of lading therefor.
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ON the 18th May, 1851, one Edward B. Cooper purchased 'of Dows & Cary, a firm consisting of the plaintiff David Dows and one John B. Cary, since deceased, 500 barrels of flour for cash, and the vendor by his direction sent the flour on hoard the ship Conqueror, it being understood that Cooper was sending the same to Liverpool for sale. The flour was so put on board the ship, and Cooper received the bill of lading therefor. It was proved, and the referee found as facts, that the purchase was for cash, by which the parties intended and meant payment at about ten days after the purchase,…
1Opinion of the Court
By the Court, Davies, P. J.
It is not controverted in this case, that the defendants were not bona fide holders or purchasers of the bills of lading or exchange. They have paid nothing therefor, nor parted with any thing of value upon the faith thereof. They stand precisely, therefore, in reference to the debt due from Cooper to them, in the same position as *402they would have occupied if Cooper had not delivered the bills to them, and they had not agreed to purchase the same.
The question then recurs, had Cooper such an absolute title to the flour that he could set up such title, as against the…
2Cases cited1 opinion
- Fleeman v. McKeanNew York Supreme Court · 1857
3Cited by3 opinions
- Bergan v. Magnus & Co.Supreme Court of Georgia · 1896
- Starnes v. RobertsSupreme Court of Georgia · 1907
- Rathowsky v. DunnNew York Supreme Court · 1900