Dows v. . Kidder
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 2, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for the alleged conversion of a quantity of corn.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 2, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for the alleged conversion of a quantity of corn. The answer alleged in substance that defendants purchased of one Atkinson, in the usual course of business, sixteen bills of exchange, and among them three bills of exchange drawn against the corn then shipped on board a vessel, receiving the bills of lading therefor as collateral, and that…
1Opinion of the CourtDanforth, J.
Upon-the facts found by the referee it is plain that no title to the corn passed from the plaintiffs to Atkinson or to Atkinson & Co. There was an agreement to sell, but payment was to be made in cash upon delivery. Payment was thus made a condition precedent, and until the condition was performed the title could not be affected. (Russell v. Minor, 22 Wend. 662; Leven v. Smith, 1 Den. 571; Fleeman v. McKean, 25 Barb. 479; Dows v. Dennistoun, 28 id. 393.) Sor was this condition waived by the symbolical delivery of the corn to Atkinson by putting in his hands the title papers therefor, for this…
2Cases cited15 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Weaver v. . BardenNew York Court of Appeals · 1872
- Levering v. LeveringCourt of Appeals of Maryland · 1885
- Smith v. . LynesNew York Court of Appeals · 1851
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Leach v. Farmers Savings BankSupreme Court of Iowa · 1927
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
21 more not listed; retrieve them via the Exa API.