Herring v. Hoppock
The Superior Court of New York City
This action was brought to recover the value of an iron safe, delivered by the plaintiff to Brooks & Hopkins under the following agreement: “New York, Feb. 6th, 1852. “Received from Silas C. Herring, one Patent Salamander Safe, No. 4910, delivered to us this day, under a bargain for the sale thereof, and for which we have given our note at six months for two hundred and thirty-five dollars.
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This action was brought to recover the value of an iron safe, delivered by the plaintiff to Brooks & Hopkins under the following agreement: “New York, Feb. 6th, 1852. “Received from Silas C. Herring, one Patent Salamander Safe, No. 4910, delivered to us this day, under a bargain for the sale thereof, and for which we have given our note at six months for two hundred and thirty-five dollars. “ And it is expressly understood that said Herring neither parts with nor we acquire any title to said safe until said note is fully paid. And in case of default in the payment thereof at maturity, said…
1Opinion of the CourtBy the Court. Bosworth, J.
The jury, by direction of the judge, before whom this action was tried,found a verdict for the defendant. The plaintiff excepted to the decision, and appealed from the judgment entered on the verdict. If there was evidence in support of the cause of action stated in the complaint, which should have been submitted to the jury, the decision at the trial was erroneous.
*25The plaintiff was the owner of the safe, and the title would remain in him until payment was made, or payment, as a condition of vesting the title in Brooks & Hopkins, had been waived. (Herring v. Willard, 2 Sand. C. R. 410.)
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