Saltus & Saltus v. Everett
New York Supreme Court
Error from the supreme court. Everett brought an action of trover in the superior court of law of the city of New-York against Messrs. Salt¿£, for a quantity of lead. In August,-1825y Bridge §• Vose, merchants at New-Orleans, shipped 179 pigs of lead on board the brig Dove} of which^William Collins was master, consigned to Messrs. Tufts, Eveleihcf Burrell, of New-York, on account and risk of Otis Everett, the plaintiff, to whom they referred-for instructions.
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Error from the supreme court. Everett brought an action of trover in the superior court of law of the city of New-York against Messrs. Salt¿£, for a quantity of lead. In August,-1825y Bridge §• Vose, merchants at New-Orleans, shipped 179 pigs of lead on board the brig Dove} of which^William Collins was master, consigned to Messrs. Tufts, Eveleihcf Burrell, of New-York, on account and risk of Otis Everett, the plaintiff, to whom they referred-for instructions. The Dove put into Norfolk, in distress, and part of the lead was sold, to pay expenses, and the residue was transferred in December,…
1Opinion of the Court
After advisement the following opinions were delivered :
By the Chancellor.
The plaintiffs in error were not entitled to the goods in question on the ground, that they were the purchasers thereof without notice of the rights of the real owner ; they were in the same situation in this respect as every other purchaser of goods from a person who had no authority to sell. If the' owner of the goods had caused the bill of lading to be made out in' the name of Collins, so as to give him a prima facie right tc the goods as owner, or consignee for his own benefit, a bona fide purchaser might have been…
2Cases cited1 opinion
- Root v. FrenchNew York Supreme Court · 1835
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- Edwards v. . DooleyNew York Court of Appeals · 1890
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
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