Lupin v. Marie & Varet
New York Court of Chancery
The défendant J. B. Marie'was- a shipping merchant, and importer • of-goods, residing' in the city, of Néw-York;. and the complainants were merchants living in' Paris, who carried on business in the city of Ñew-York By an agent. Marie , had for two or three years been in the. habit of purchasing goods from his agént upbn .credit, and without, giving security.
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The défendant J. B. Marie'was- a shipping merchant, and importer • of-goods, residing' in the city, of Néw-York;. and the complainants were merchants living in' Paris, who carried on business in the city of Ñew-York By an agent. Marie , had for two or three years been in the. habit of purchasing goods from his agént upbn .credit, and without, giving security. On the morning of the 2.4th of'August, 1826, the agent of the complainants called at the office of Marie, and sold to , him 18 packages of goods, amounting to about 57,000 .francs, for which sum-the latter .agreed to give his own notes,…
1Opinion of the Court
The Chancellor.
The principle of stoppage in transitu is wholly inapplicable to this case. Goods cannot be stopped or reclaimed unless the right is exercised, or there is a bona fide attempt made to exercise it before the property actually comes into the possession of the vendee. In this case the goods had come into the possession of the vendee, and had been shipped by him to the West Indies, and were on their way thither before his failure.
The vendor of real estate has, in many cases, an implied lien on the property sold, for the purchase money, where no express lien or other security is…
2Cases cited1 opinion
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Butler v. CollinsCalifornia Supreme Court · 1859
- Hall v. HinksCourt of Appeals of Maryland · 1864
- Caraway v. WallaceSupreme Court of Alabama · 1841
- Leger v. BonnaffeNew York Supreme Court · 1848
- Cary v. HotailingNew York Supreme Court · 1841
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