Hatch v. Collins
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee. The action was brought to recover damages for the conversion of one evaporator and 400 sap buckets. The plaintiffs claimed title thereto under a bill of sale thereof from William T. Moncrief to their testator. The defendant sought to justify the taking and sale of the property under an attachment against said Moncrief.
1Opinion of the Court
Landon, J.:
The verbal agreement on the 18th day of June, 1876, between Moncrief and the plaintiffs’ testator for the sale of. the personal property in question was not effectual to pass title to the property. The property exceeded fifty dollars in value, no writing was made, no delivery, no payment at the time. (Hunter v. Wetsell, 57 N. Y., 375; S. C. 84 id., 549.) It was a mere verbal proposition and acceptance thereof, to be thereafter executed, if neither party withdrew, but not then executed nor closed. Payment on the subsequent day, by the plaintiffs’ testator to third parties, pursuant…
2Cases cited6 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Marbury v. BrooksSupreme Court of the United States · 1822
- Hyde v. . GoodnowNew York Court of Appeals · 1850
- Hunter v. . WetsellNew York Court of Appeals · 1874
- Mumper v. . RushmoreNew York Court of Appeals · 1879
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