Hasbrouck v. . Lounsbury

It is impossible to distinguish this case from that ofHerring v. Hoppock (15 N.Y., 409). The doctrine laid down in that case is decisive of the present. The arrangement there in all its essential features, was like that in this case. It was then held that wherever there is a condition precedent attached to a contract of sale of personal property, and the condition is not waived by an absolute and unconditional delivery, no title passes to the vendee until he performs the condition or the holder waives it. In this case there was such a condition precedent, and the delivery of the horse to…