Buckley v. Furniss & Stickney
New York Supreme Court
This was an action of replevin tried at the Rensselaer circuit, in September, 1835, before the Hon. James Vanderpoel, one of the circuit judges. The declaration was for 41 bars of Russia iron. The defendants pleaded non cepit, and property in Henry B. Titus, in Roswell Green, and in Furniss, one of the defendants.
Read the full summary
This was an action of replevin tried at the Rensselaer circuit, in September, 1835, before the Hon. James Vanderpoel, one of the circuit judges. The declaration was for 41 bars of Russia iron. The defendants pleaded non cepit, and property in Henry B. Titus, in Roswell Green, and in Furniss, one of the defendants. The plaintiff claimed to recover on the ground that he had sold four tons of Russia iron, of which the 41 bars in question were a part, to Henry B. Titus, on credit, and that subsequently discovering him to have been insolvent at the time of the sale, he had repossessed himself of…
1Opinion of the Court
By the Court,
Bronson, J.
The vendor, in the case of a sale on credit, may resume the possession of the goods while they are in the hands of a carrier or middle-man, in their transit to the consignee or vendee, on his becoming bankrupt or insolvent. In this case the goods had neither reached their *142■ destination, nor had they come to the actual possession of t¡lg ven¿ee. They were in the hands of a carrier or middleman, on their way to the vendee, and the plaintiff had a right to stop them, unless there be something in this case to take it out of the operation of the general rule. It was urged,…
2Cases cited1 opinion
- Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818
3Cited by35 opinions
- Harris v. . PrattNew York Court of Appeals · 1858
- O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Morris v. ShryockMississippi Supreme Court · 1874
- More, Reynolds & Co. v. LottNevada Supreme Court · 1878
30 more not listed; retrieve them via the Exa API.