Majority
p. 395MONTANT v. JOHNSON. (Supreme Court, Appellate Term. June 1, 1906.) Argued before GILDERSLEEVE, DAVIS, and CLINCH, JJ.
Headnote
Sales—Transfer of Title—Delivery—Failure to Pat Purchase Price— Effect.A buyer, to whom the goods had been delivered, is the owner thereof, though the purchase price has not been paid; and the seller, intrusted with the possession for a day, confers no title by a sale to a third person having knowledge of the facts.
[Ed. Note.—For cases in point, see vol. 43, Cent. Dig. Sales, §§ 552, 554.]
Appeal from Municipal Court, Borough of Manhattan, Seventh District.
Action by Jules A. Montant against Moses Johnson. From a judgment for defendant, plaintiff appeals.
Reversed, and new trial granted.
J. C. O’Connor, for appellant.
J. C. O’Hare, for respondent.
We think the judgment appealed from should be reversed. The evidence shows clearly that there was a sale of the dog to the plaintiff, and that there was a delivery. After the delivery of the dog, it was intrusted to the care of the vendor for a day. She then had no right to sell it to the defendant. It was plaintiff’s property, although the price had not been paid. The defendant evidently knew all of the circumstances of the sale to the plaintiff, and took the dog with notice of plaintiff’s title. The dog should be given to the plaintiff.
The judgment is reversed, and a new trial granted, with costs to appellant to abide the event.