M'Donald v. Hewett
New York Supreme Court
THIS was an action of trover for a quantity of timber. The cause was tried before his honour the chief justice, at the Albany circuit, in October, 1817. The plaintiff produced in evidence the following writing or hill of sale.
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THIS was an action of trover for a quantity of timber. The cause was tried before his honour the chief justice, at the Albany circuit, in October, 1817. The plaintiff produced in evidence the following writing or hill of sale. “ Stillwater, March 16, 1816. William MDonald bought of John Neilson, junior, 100 sticks timber, consisting partly of oak, pine, hemlock, and elm, lying on the east side of Hudson river, in the town of Easton, Washington county: also ISO sticks timber, consisting of oak and pine, lying on the bank of Hudson river, in the town of Stillwater. The said William Donald, is…
1Opinion of the CourtSpencer, J.
The only point is, whether the plaintiff was the owner of the timber for which the suit is brought. In construing the agreement, we must look at all its provisions. • The contract was executory, not executed, and the property did not pass.
The agreement, to be sure, says, that the plaintiff bought" of the defendant the timber lying in Washington and Sara-toga counties ; but how ? The plaintiff was to pay for the same at the measurement in New-York, when it was delivered and inspected, and at a fair market price, when delivered. Neilson contracted to deliver it by a particular day, and the…
2Cited by31 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Olyphant v. BakerNew York Supreme Court · 1848
- Peter v. BeverlySupreme Court of the United States · 1836
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