Furniss
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. On the eleventh day of September, ,1828, Furniss, one of the appellants, bought of the respondents, who are auctioneers in the city of New- York, goods at auction t0 t^e amount 0f $235,40, and on the sixteenth of the same month purchased another parcel, amounting to $242,06. The g°°ds were delivered to Furniss, with bills of sale accompanying the same; the second bill specifying that the goods were sold at a credit of six months.
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Appeal from chancery. On the eleventh day of September, ,1828, Furniss, one of the appellants, bought of the respondents, who are auctioneers in the city of New- York, goods at auction t0 t^e amount 0f $235,40, and on the sixteenth of the same month purchased another parcel, amounting to $242,06. The g°°ds were delivered to Furniss, with bills of sale accompanying the same; the second bill specifying that the goods were sold at a credit of six months. On the nineteenth of September Furniss stopped payment, and on the next day he executed an assignment of his goods, including such of the goods…
1Opinion of the Court
The following opinions were delivered :
By Mr. Justice Nelson.
Upon a sale of goods to be paid for, or security to be given on delivery and a delivery made without exacting either, and no fraud in the case, a complete title passes to the purchaser, and the vendor cannot afterwards reclaim the property upon a refusal to comply with the terms of the sale. After such delivery, the law considers the vendor as trusting solely to the personal responsibility of the vendee. This rule of law was fully acknowledged in this court, in the recent case of Lupin v. Marie, 6 Wendell, 77. In that case, the idea…
2Cases cited3 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
3Cited by23 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Smith v. . LynesNew York Court of Appeals · 1851
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
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