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Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 40 download

Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 40 download

Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 40.cNew York Court of Appeals
Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 40
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Author: New York Court of Appeals
Number of Pages: 232 pages
Published Date: 06 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130173857
File Name: Reports.of.Cases.Argued.and.Determined.in.the.Court.of.Appeals.of.the.State.of.New.York.Volume.40.pdf
Download Link: Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 40
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 Excerpt: ...he afterwards failed without having paid for the cotton delivered. Held, that the delivery to Grimshaw was absolute; that the title of the cotton was thereby changed, and that Sand- Opinion of the Court, per Qrover, J. fc Co., wlio had made advances upon the bill of lading could hold it against the vendor. It may be remarked, that this falls within the class of cases where sales have been made for cash on delivery, and the property has been delivered without exacting payment, it has been held that the title passed by delivery, and the vendor retained a lien upon the property for the purchase money, but that such lien was not available against a bonafide purchaser of the property. In CaldweU v. Bartlett (3d Duer, 341), the question was whether, where the owner delivered-goods upon a contract of sale, intending to part with the property to a fraudulent purchaser, such owner can reclaim the goods from a bonafide purchaser from the fraudulent vendor. Held that he could not. The rule acted upon in this case is sustained by numerous authorities. This rule was recognized in Beavers v. Lane (6 Duer, 232); and in the same case it was held, that where the delivery was upon condition that immediate payment should be made, the vendor, in case it was not made, could not recover the property from one who purchased from his vendor in ignorance of such condition. The latter position is identical with the principle recognized by Burlc v. Grimthaw (supra.) An examination of Covitt v. Hitt (4: Denio), will show that the points decided give no support to the rule contended for by the appellant's counsel in this case. The same remark applies to Fle-man v. McKean (25 Barb., 474), as to the questions decided, although some remarks in the opinion may seem to countenance ...

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