Rummell v. . Blanchard
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1915, which affirmed an order of Special Term denying a motion by plaintiffs for judgment on the pleadings and sustaining a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1915, which affirmed an order of Special Term denying a motion by plaintiffs for judgment on the pleadings and sustaining a demurrer to the complaint. The following question was certified: “Does the amended complaint herein state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The rights of stoppage in transitu and vendor’s lien are equitable and analogous rights.…
1Opinion of the CourtCardozo, J.
The action is replevin. The plaintiffs sold to George A. Alden & Company and the "New York Shellac Company two hundred cases of shellac. At the time of the sale the shellac was stored in a warehouse, and the plaintiffs held warehouse receipts, issued in their name, and negotiable in form. These receipts the plaintiffs indorsed and transferred to the purchasers. This was done on February 13, 1913. On February 14, 1913, one of the purchasers, the New York Shellac Company, tendered the receipts to the warehouseman and requested that new receipts be issued. This was refused because the charges of…
2Cases cited9 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Union Trust Co. v. WilsonSupreme Court of the United States · 1905
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Conrad v. FisherMissouri Court of Appeals · 1889
- Harris v. . PrattNew York Court of Appeals · 1858
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3Cited by8 opinions
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- Salt River Valley Water Users' Ass'n v. Peoria Ginning Co.Arizona Supreme Court · 1924
- Starlight Fabrics, Inc. v. Glens Falls InsuranceNew York Court of Appeals · 1948
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