Abstracts of Recent American Decisions [stub]

1865 The American Law Register (1852-1891)  
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more » ... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. ABSTRACTS OF RECENT DECISIONS. ABSTRACTS OF RECENT DECISIONS. tendering as they did in depreciated notes not equal in value to the currency when the contract was made, unless making an allowance for that depreciation. But without giving any positive opinion upon that point, I think, for the reasons previously stated, that the tender was not in accordance with the contract, therefore not a legal one, and that judgment should be entered for the plaintiffs for the amount of their claim, payable in the metallic dcllar and cent of the United States currency, or that which is equivalent thereto, with interest from the 15th November, 1862, and 15th day of May, 1863, upon the respective sums due at those dates, according to the terms of the lease, with costs of suit. ABSTRACTS OF RECENT AMERICAN DECISIONS. SUPREME COURT OF NEW YORK.1 SUPREME COURT OF VERMONT.2 AGREEMENT. Execution-Replevin.-An agreement was made between B. and D., by which B. was to furnish the money to purchase, in his name, 15,000 or 20,000 feet of oak timber, the same to be selected in the woods, standing, by D., and to be cut, hewn, rafted, and delivered by him to B., at Troy, for which he was to receive 10? cents per cubic foot. Held, that B. had the general property in timber got out under this contract, and which D. was engaged in transporting to Troy; but that he had no right to the possession thereof. That as between B. and D., the latter had a special property in the timber, accompanied by the right of possession, and that D.'s interest was the subject of levy and sale under execution against him: Weaver vs. Darby, 42 Barb. lkeld, also, that to an action of replevin, brought against D. by the purchaser at a sale under execution, proof of a general property in B. at the time of the levy, was not a good defence: Id. That the plaintiff in such suit was entitled to recover, he having the right of possession, as against D., and the right of property, united. But that as the title he had acquired was a mere special property, he was only entitled to a verdict finding the property in him, and to an assessment of the value of the timber at the amount of the value of D.'s special property therein, viz.: 10? cents per cubic foot, deducting therefrom the expense of transporting the timber to Troy: Id.
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