Hollingsworth v. Napier
New York Supreme Court
TROVER to'recover the'value of ten bales of cotton, bought under the following circumstances, The defendant had sold the property in question, ■ which was tying in the public store at the quarantine ground, tó one Kinworthy, for cash payable on delivery, in conse-fluence of which, a bill of parcels- had- been made out, mark-scl in tbe margin, “ cash,” but containing no receipt for the money,, This, together with an order on the storekeeper for the cotton, had, either by the…
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TROVER to'recover the'value of ten bales of cotton, bought under the following circumstances, The defendant had sold the property in question, ■ which was tying in the public store at the quarantine ground, tó one Kinworthy, for cash payable on delivery, in conse-fluence of which, a bill of parcels- had- been made out, mark-scl in tbe margin, “ cash,” but containing no receipt for the money,, This, together with an order on the storekeeper for the cotton, had, either by the defendant or his clerk, been given over to Kinworthy. He," without either paying for the articles, or having taken…
1Opinion of the Court
Per curiam, delivered by
Spencer J.
The court are applied to for a new trial in this cause, on the facts stated in the case, and on discovery of new evidence. The plaintiff derives his title to the goods in controversy under Kin-■worthy, and the questions are, whether his fraud infects the plaintiff’s title ? whether possession followed the sale, so as to destroy the defendant’s right to stop the goods in transitu ? and whether the case is free from the operation of the statute of frauds ?
The question of fraud was fairly submitted to the jury* TMdr verdict shews that they believed the…
2Cited by9 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Olyphant v. BakerNew York Supreme Court · 1848
- Williams v. BaldwinNew York Supreme Court · 1821
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