Hunn v. Bowne
New York Supreme Court
This was an action of trover to recover the value of twenty bales of cotton. The property in question had, on the 29th of December, 1801, been sold by one Rodman to a Mr. John Foley, at a credit of 60 days, and for the ^amount of the purchase Foley gave his note, payable at that period. The goods, however, were not delivered, but continued in the possession of Rodman.
Read the full summary
This was an action of trover to recover the value of twenty bales of cotton. The property in question had, on the 29th of December, 1801, been sold by one Rodman to a Mr. John Foley, at a credit of 60 days, and for the ^amount of the purchase Foley gave his note, payable at that period. The goods, however, were not delivered, but continued in the possession of Rodman. A few days afterwards Foley informed Hutchison, a broker that he had some cotton for sale, which lay in Rodman’s store; in consequence of which, the broker called on Rodman, and without giving any intimation of his motives,…
1Opinion of the CourtThompson, J.
I think a new trial ought not- to be granted. ■ The circumstances stated in the case, fairly warranted the jury in drawing the conclusion that the defendant ought to be considered as a purchaser, with full knowledge of all the circumstances, relative to the situation of this cotton. Ho time is stated when he made the purchase,, although Mr. Rodman himself, from whom he purchased it, was examined as a witness. It does, however, appear, that it must have been after Foley’s note to Rodman fell due, and had been protested for non-payment, which must have been some- time after the 1st of March,…
2Cases cited5 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Truscott v. DavisNew York Supreme Court · 1848
- Petrie v. FeeterNew York Supreme Court · 1839
- Demyer v. SouzerNew York Supreme Court · 1831
3Cited by7 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Bailey v. OgdenNew York Supreme Court · 1808
- White v. WelshSupreme Court of Pennsylvania · 1861
- Barrett v. TurnerNebraska Supreme Court · 1873
- Cobb v. HaskellSupreme Judicial Court of Maine · 1837
2 more not listed; retrieve them via the Exa API.