Palmer v. Hand
New York Supreme Court
THIS wás an action of trover, ;tried before Mr. Justice Spencer> at the Albany circuit, id April,-IZIG. The plaintiff was the owner of a raft, consisting of plank, joist, and' boards, and whilst coming down the North River,An , • ' a - ^ . . . . „ _ • the' autumn'ot the year 1815, with the rait, one Potter carné upon . ■' : . ' . , - ’ , . ... fhe rait, ancr offered tq .buy it ; the price was agreed upori'; it stlsó’ agreed, that the plaintiff ■should: deliver it at-one of…
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THIS wás an action of trover, ;tried before Mr. Justice Spencer> at the Albany circuit, id April,-IZIG. The plaintiff was the owner of a raft, consisting of plank, joist, and' boards, and whilst coming down the North River,An , • ' a - ^ . . . . „ _ • the' autumn'ot the year 1815, with the rait, one Potter carné upon . ■' : . ' . , - ’ , . ... fhe rait, ancr offered tq .buy it ; the price was agreed upori'; it stlsó’ agreed, that the plaintiff ■should: deliver it at-one of the docks Albany, and be at the expense of taking it out &e- water. Potter then applied to the'defendant, who-kept á…
1Opinion of the CourtPlatt, J.
This is an action of trover, for a quantity of plank and scantling. It appears that the plaintiff was owner of a raft of lumber, and while descending the river opposite to Lansingburgh, he contracted with one Potter for the sale of the lumber, to be delivered to Potter, by the plaintiff, on one of the docks, in Albany, at a price agreed on, to be paid on delivery. Potter then went to the defendant, who keeps a lumber yard and dock, at Albany, and agreed to deliver to him the lumber of that raft, to be sold by the defendant, on commission, for Potter.
Next morning, about sunrise, the plaintiff…
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