D¡xon v. Myers & Co.
Supreme Court of Virginia
This was a proceeding by foreign attachment instituted in March 1833, in the Circuit court of law and chancery for the county of Henrico and City of Richmond, by Samuel S. Myers & Co., against Thomas. Dixon, an absent defendant, and John and Samuel Cosby.
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This was a proceeding by foreign attachment instituted in March 1833, in the Circuit court of law and chancery for the county of Henrico and City of Richmond, by Samuel S. Myers & Co., against Thomas. Dixon, an absent defendant, and John and Samuel Cosby. The pleadings and proofs make out the following case: Samuel S. Myers & Co. were manufacturers of tobacco in the City of Richmond; and in the beginning of the year 1832, they made a contract with Thomas Dixon of the City of Boston, through his agent Charles. Palmer, a commission merchant in the City of Richmond, by which they agreed to sell…
1Opinion of the CourtDaniel, J.
Where a contract is made for the purchase of an article hereafter to be delivered and paid for, so long as any act remains to be done by the vendor in order to put it in a state of readiness for delivery, or the amount of the purchase money remains yet to be ascertained, ■ by the enumeration, measurement, or weighing of the article, the general rule is, that the property does not pass to the buyer, but still remains at the risk of the seller.
It does not seem to the Court that there is anything in the case before us to exempt it from the influence of this rule.
Here the contract was for the…
2Cited by7 opinions
- Hood v. Bloch Bros.West Virginia Supreme Court · 1886
- Morgan v. KingWest Virginia Supreme Court · 1886
- Trigg Co. v. Bucyrus Co.Supreme Court of Virginia · 1905
- Haxall, Bros. & Co. v. WillisSupreme Court of Virginia · 1859
- Haxall v. WillisSupreme Court of Virginia · 1859
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