Adams v. Roscoe Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Roscoe, Lumber Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 21st day of October, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Queens County Circuit.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiffs agreed to sell a lot of lumber to J ames Mackintosh and he agreed to pay therefor by giving thém his note at sixty days from the date of delivery. The lumber was delivered but the note was not given. The lumber was soon afterward transferred by Mr. Mackintosh to the Roscoe Lumber Company. The plaintiffs thereupon brought this replevin suit against, the . corporation, on the ground that inasmuch as the delivery to the original purchaser was conditional upon his giving the promised note, his failure to comply with that condition left the title to the lumber…
2Cited by3 opinions
- Switzer v. NortonAppellate Division of the Supreme Court of the State of New York · 1896
- Pickett v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Potter Printing Press Co. v. SchreinerAppellate Division of the Supreme Court of the State of New York · 1900