Wilson v. Finney
New York Supreme Court
,. IN ERROR,,on certiorari to a- justice’s, court. ' ' Some time in June, -1812, the plaintiff in. error, who was-alsé ■plaintiff in the court below, delivered to, the defendant six sheep., in consideration, whereof the defendant promised and undertook-to return and deliver-to the .plaintiff, at the- expiration Of one : year, an equal' number of sheep, of'equal value,, and also-one-/ pound of wool per head lor each sheep. ‘The defendant had neglected to. deliver, the sheep…
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,. IN ERROR,,on certiorari to a- justice’s, court. ' ' Some time in June, -1812, the plaintiff in. error, who was-alsé ■plaintiff in the court below, delivered to, the defendant six sheep., in consideration, whereof the defendant promised and undertook-to return and deliver-to the .plaintiff, at the- expiration Of one : year, an equal' number of sheep, of'equal value,, and also-one-/ pound of wool per head lor each sheep. ‘The defendant had neglected to. deliver, the sheep according to his agreement.- It further, appeared that four df the sheep had-been given up. by the.defendant, .as the…
1Opinion of the Court
Per (Juriam.
' This judgment cannot be supported.,: -There is no Colour for-depriving the plaintiff of a recovery-for the value of two sheeps as there is no pretence that more than four ■were taken under the'attachment against him. But the plain til? *359vTas. entitled to recover for the whole number. The property in the sheep, delivered by the plaintiff, was changed, and duly vested -in the defendant. He was under no obligation to return the same. sheep,' but only those of equal value; They were at his .absolute, disposal and risk. - • . . ■
J udgment reversed.
2Cited by16 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Johnson v. Puget Mill Co.Washington Supreme Court · 1902
- Schweiter v. HalseyWashington Supreme Court · 1961
- Richardson v. OlmsteadIllinois Supreme Court · 1874
- Hillyard v. BanchorSupreme Court of Kansas · 1911
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