Rawls v. Deshler
New York Court of Appeals
Henry Rawls and George S. Seymour sued John G. Deshler, in the Buffalo superior court, to recover the value of a quantity of corn. On September 18, 18G0, one A. L. Griffin, of Buffalo, purchased, or agreed to purchase of the defendant a quantity of white corn. The defendant had the corn on storage at the Hatch elevator.
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Henry Rawls and George S. Seymour sued John G. Deshler, in the Buffalo superior court, to recover the value of a quantity of corn. On September 18, 18G0, one A. L. Griffin, of Buffalo, purchased, or agreed to purchase of the defendant a quantity of white corn. The defendant had the corn on storage at the Hatch elevator. He gave Griffin an order on the elevator in these words, dated September 18: “ Deliver A. L. Griffin, Esq., or order 4,328 47-100 bushels white corn, cargo Potomac, subject to my order until paid for. " JoH$r G. Deshler.” The corn was delivered to Griffin on production of this…
1Opinion of the Court
By the Court.
Davies, Ch. J.
[After stating the facts.]— It may be conceded that as between Griffin and the defendant the title to the corn did not pass to Griffin until the same was paid for. Notwithstanding this, the defendant intrusted Griffin with the possession and control of the property. There is some evidence tending to show that the sale was in fact a sale upon credit, and that both parties understood that the money to pay the purchase price was to be raised by a shipment of the corn by Griffin, and the discount of a draft drawn on the faith of the bill of lading thereof. The defendant…
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