Wadsworth v. . Allcott
New York Court of Appeals
^ g .. * Appeal from the general term of the Supreme J Court, in the eighth district, where a judgment entered upon a verdict, in favor of the plaintiff, had been affirmed. This was an action of trover for a quantity of wheat, brought by James S. Wadsworth and Martin Brunner, as executors of James Wadsworth, deceased, against Allcott & Smith, the defendants. Brunner died after issue joined, and the suit was continued by the surviving executor.
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^ g .. * Appeal from the general term of the Supreme J Court, in the eighth district, where a judgment entered upon a verdict, in favor of the plaintiff, had been affirmed. This was an action of trover for a quantity of wheat, brought by James S. Wadsworth and Martin Brunner, as executors of James Wadsworth, deceased, against Allcott & Smith, the defendants. Brunner died after issue joined, and the suit was continued by the surviving executor. James Wadsworth died in June 1844; he had, in his lifetime, demised certain farms, reserving rent payable in wheat, a portion of which became due in…
1Opinion of the Court
*Paige, J.
— The eight receipts were properly read in evidence; they were merely evidence of the delivery of the wheat to the defendants. Being receipts only, and not contracts, paroi evidence was admissible to explain or contradict their terms. 2 It was, therefore, competent for the plaintiff, to show that the wheat belonged to him as executor. (7 Cowen 334.) The plaintiff could have proved the delivery of the wheat, without the production of the receipts. (8 Pick. 552; 2 Denio 638; 7 Cowen 335-6.)
The receipt of the date of 21st November 1845, imported a bailment and not a sale. It imported a…
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- Rankin v. American InsuranceThe Superior Court of New York City · 1829
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