Buffum v. Merry
U.S. Circuit Court for the District of Rhode Island
At law. Trover [by William Buffum, Jr., against Barney Merry] for 2,900 pounds of cotton yarn and 7,000 yards cotton cloth.
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At law. Trover [by William Buffum, Jr., against Barney Merry] for 2,900 pounds of cotton yarn and 7,000 yards cotton cloth. Plea, the general issue. [Plaintiff discontinued.] At the .trial of the cause, it appeared in evidence, that the plaintiff was the owner of 2,900 pounds of cotton yarn, and offered to sell it to one Hutchinson (who afterwards failed, and his property came by assignment to the defendant;) Hutchinson declined buying, but offered to take the yarn at the price of sixty-five cents per pound, and to pay the plaintiff the amount in plaids at fifteen cents per yard. He farther…
1Opinion of the Court
STORY, Circuit Justice.
My opinion upon this evidence is, that by the contract and delivery, the property in the yarn passed to Hutchinson. It was not a contract, whereby the specific yarn was to be manufactured into cloth wholly for the plaintiff’s account, and at his expense, and nothing but his yarn was to be used for the purpose.' There the property in the yam might not be changed; but here the cloth was to be made of other yarn as well as the plaintiff’s, the warp of the plaintiff’s yarn, the filling of the defendant’s. The whole cloth, when made, was not to be delivered to the plaintiff,…
2Cases cited2 opinions
- Seymour v. BrownNew York Supreme Court · 1821
- Babcock v. GillNew York Supreme Court · 1813
3Cited by11 opinions
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Johnston v. BrowneSupreme Court of Iowa · 1873
- Smith v. ClarkNew York Supreme Court · 1839
- Mills v. GordonAppellate Division of the Supreme Court of the State of New York · 1910
- Lopes v. BritoHawaii Supreme Court · 1889
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