Legal Opinion

Conway v. Bush

New York Supreme Court

Decided November 6, 1848PublishedCited by 3 opinions

Motion on the part of the plaintiff to set aside the report of a referee. The action was trover, brought to recover the value of a quantity of hops. The defendants were warehousemen and forwarders, and received the hops from William King, of Malone, the owner, who had sent them to Ogdensburgh to be sold to the plaintiffs for cash ; and on the plaintiff’s failure to pay, shipped them to New-York by the order of King.

1Opinion of the Court

By the Court, Willard, J.

The sale of the hops by King to the plaintiff was treated by both parties as a cash sale. It was not intended that they should be delivered until payment. A present right of property, therefore, never vested in the plaintiff. This is a well established principle in the doctrine of sales. (McDonald v. Hewitt, 15 John. 349. 6 East, 614. 13 Id. 522. 2 Kents Com. 492.) As between the plaintiff and King, the title still remained in the latter, and he had of course a right to resume the possession at any time before the sale was consummated in the former.

The general…

2Cases cited4 opinions

  1. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
  3. M'Donald v. HewettNew York Supreme Court · 1818
  4. M'Carty v. VickeryNew York Supreme Court · 1815

3Cited by3 opinions

  1. Morey v. MedburyNew York Supreme Court · 1877
  2. Morey v. MedburyNew York Supreme Court · 1877
  3. Wabash Elevator Co. v. First National BankOhio Supreme Court · 1872

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