Johnson v. Monell
New York Court of Appeals
This action was brought to recover possession of a quantity of clover and timothy seed, sold and delivered by the plaintiff, residing at Buffalo^ to the firm of Warren & Co., residing at Batavia; and by the latter firm transferred by general assignments to the defendants, Henry Monell and Henry B. Crompton.
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This action was brought to recover possession of a quantity of clover and timothy seed, sold and delivered by the plaintiff, residing at Buffalo^ to the firm of Warren & Co., residing at Batavia; and by the latter firm transferred by general assignments to the defendants, Henry Monell and Henry B. Crompton. Warren & Co. were dealers in grain, produce and cattle, and had done business with the plaintiff, who was in the produce business for about four years, and he had shipped goods to them on request by correspondence several times prior to the sale of the goods in question. The general usage…
1Opinion of the CourtMorgan, J.
The case does not disclose all the circumstances which it is material to know in order to form a satisfactory opinion upon the main question involved in the defendant’s exceptions, All we know is, that Warren & Co. ordered the goods on the 29th day of December, 1859, and on the 4th day of January thereafter executed a carefully prepared assignment containing forty-three folios ; and that all the parties, residing at different places, were got together the same day to .execute it; that they stopped payment bn' that day, and acknowledged themselves to be insolvent.
Several other facts were…
2Cases cited3 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Hennequin v. . NaylorNew York Court of Appeals · 1861
- Durell v. HaleyNew York Court of Chancery · 1829
3Cited by9 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Raynor v. Scandinavian-American BankWashington Supreme Court · 1922
- Rector v. Asa Snyder & Co.Supreme Court of Virginia · 1902
- Davis v. StewartUnited States Circuit Court · 1881
- Bienenstok v. AmmidownThe Superior Court of New York City · 1895
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