Benedict v. . Field
New York Court of Appeals
Appeal from the Superior Court of New-York city. The plaintiffs sued for the refusal of the defendant to deliver a ■quantity of bleaching powders. ' At the trial, before Mr. Justice Boswortii and a jury, it was proved that on the 25th of October, 1853, the defendant sold to the plaintiffs, at the city of New-York, fifty casks of bleaching powders, to arrive by the ship Emma Field, to be paid for, at the market price ruling at the time of delivery, in the notes of Leggett…
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Appeal from the Superior Court of New-York city. The plaintiffs sued for the refusal of the defendant to deliver a ■quantity of bleaching powders. ' At the trial, before Mr. Justice Boswortii and a jury, it was proved that on the 25th of October, 1853, the defendant sold to the plaintiffs, at the city of New-York, fifty casks of bleaching powders, to arrive by the ship Emma Field, to be paid for, at the market price ruling at the time of delivery, in the notes of Leggett Brothers, a mercantile firm of the same city, without recourse. Both parties, at the time of making the contract, supposed…
1Opinion of the CourtComstock, J.
By the terms of the sale note, the defendant “sold” to the plaintiffs the fifty casks of bleaching powders “ to arrive ” by the vessel Emma Field, to be paid for on delivery in the paper of Leggett Brothers. On the part of the appellants it is insisted that this contract passed the title immediately to them as the purchasers. We are clearly of opinion that the title was not intended to pass until the goods should arrive and be delivered, in other words, that the sale was in its nature executory. But this is not a material question. The goods were to be delivered for immediate payment, and the…
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