Holbrook v. Wright
New York Supreme Court
This was an action oí replevin, tried at the New-York circuit in November, 1838, before the Hon. Ogden Edwards, one of the circuit judges. *The plaintiffs declared in the detinet for 14 boxes of sattinets, [ *170 ] containing 8136 yards of that article.
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This was an action oí replevin, tried at the New-York circuit in November, 1838, before the Hon. Ogden Edwards, one of the circuit judges. *The plaintiffs declared in the detinet for 14 boxes of sattinets, [ *170 ] containing 8136 yards of that article. The plaintiffs, commission merchants in New-York, received from a manufacturing establishment in Middlébury, (Vermont,') conducted by M. Ticknor $ Co., an invoice of upwards of 4491 yards of sattinets accompanied by a letter in these words: “ Middlébury, Dec’r 24th, 1836, consigned to Holbrook, Nelson f Co.— Gent. The above are all put up,…
1Opinion of the Court
By the Court,
Cowen, J.
It is barely necessary to state this [ *173 ] case, in order to see that the question whether there was a consignment for a valuable consideration to the plaintiffs, was properly left to the jury ; and that they have rightly disposed of it. True, Ticknor testifies that there was no agreement by which the title was to pass ; but this is by no means conclusive. He could speak only to an express or direct agreement ; and so far he doubtless spoke correctly. It was for the jury to look at his own and the other evidence in the ease, and collect the language of circumstances. The…
2Cases cited4 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Watt v. PotterU.S. Circuit Court for the District of Rhode Island · 1820
- Nisbet v. PattonSupreme Court of Pennsylvania · 1833
- Jacoby v. LaussattSupreme Court of Pennsylvania · 1820
3Cited by15 opinions
- Sturges v. KeithIllinois Supreme Court · 1870
- Rogers v. . WeirNew York Court of Appeals · 1866
- Orton v. NoonanWisconsin Supreme Court · 1870
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
- Munson v. PorterSupreme Court of Iowa · 1884
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