Empire State Type Founding Co. v. Grant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 14, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This was an action of replevin. The material facts are stated in the opinion. Where property is to be paid for on delivery the title remains in the vendor until either the payment is made or waived.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 14, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This was an action of replevin. The material facts are stated in the opinion. Where property is to be paid for on delivery the title remains in the vendor until either the payment is made or waived. (Hammett v. Linnemann, 48 N. Y. 399, 405; Parke v. Baxter, 86 id. 586; Leven v. Smith, 1 Denio, 571; Russel v. Minor, 22 Wend. 659; Osborne s. Gantz, 60 N. Y. 540; Dows…
1Opinion of the CourtParker, J.
In March, 1886, the plaintiff, by its president, agreed to sell to one Guy Tremelling two printing presses, with the necessary shafting, together with a quantity of type and and other printers’ supplies, for the sum of $1,100.95, payment to be made as follows: Five hundred dollars to be paid in cash, and a chattel mortgage, embracing all the property sold, to bo given by Tremelling for the balance. The' plaintiff at once commenced to put up the shafting, set the presses and deliver the type and other materials. When the work was about half done, the clerk of the plaintiff was sent to…
2Cases cited4 opinions
- Hammett v. . LinnemanNew York Court of Appeals · 1872
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Monroe v. ReynoldsNew York Supreme Court · 1867
3Cited by30 opinions
- Roach v. . CurtisNew York Court of Appeals · 1908
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Chrysler Credit Corp. v. SharpNew York Supreme Court · 1968
- Hilmer v. HillsCalifornia Supreme Court · 1902
- In re PerpallCourt of Appeals for the Second Circuit · 1919
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