Conway v. Bush
New York Supreme Court
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…
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