Western Transportation Co. v. Marshall
New York Supreme Court
THIS action was for the recovery of the possession of a quantity of wheat shipped on hoard the ship Great Western, at the city of Hew York, by the defendants Meyer & Eee, in September, 1857. The defendant Marshall was sued as the owner of the ship, and the defendant Furber as master.
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THIS action was for the recovery of the possession of a quantity of wheat shipped on hoard the ship Great Western, at the city of Hew York, by the defendants Meyer & Eee, in September, 1857. The defendant Marshall was sued as the owner of the ship, and the defendant Furber as master. The defendants Mathew Morgan and Henry Morgan were, by order of the court, before issue joined, added as parties defendant, being the holders of the bills of lading for the wheat in controversy, the same having been transferred to them as security for advances made thereon in good faith, before the commencement…
1Opinion of the Court
By the Court,
Leonard, J.
Where the owner voluntarily delivers the possession of merchandise to a vendee, subsequent bona fide purchasers from such vendee, and those incurring liabilities and making advances on the faith of such possession, or standing in the relation of bona fide purchas*514ers, are entitled to protection against the claims of the former owner, although the sale be conditional and the purchase price has not been paid.
So also evidence or indicia of the ownership of merchandise in writing, transferred by assignment or delivery, as the nature of the instrument or usage may require,…
2Cited by8 opinions
- Brewster v. SimeCalifornia Supreme Court · 1871
- Wait v. . GreenNew York Court of Appeals · 1867
- Ballard v. BurgettNew York Supreme Court · 1866
- Hamburger v. RodmanNew York Court of Common Pleas · 1880
- Redewill v. GillenNew Mexico Supreme Court · 1887
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