Dearborn v. Turner
This text of 16 Me. 17 (Dearborn v. Turner) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the Court was subsequently drawn up by
The plaintiff delivered to Nason a cowand a calf, for which he took his written promise, to return the samo cow within a year, with a calf by her side, or to pay twenty-two dollars and fifty cents. We are very clear, that the security of the [18]*18plaintiff vested in contract; and that Nason, having the alternative to return or pay, the property passed to him, and he was at liberty to sell the cow. Tibbets v. Towle, 3 Fairf. 341, was a very different case-. There the plaintiff expressly reserved to himself the title to the oxen, until paid for. The case of Hurd v. West, 7 Cowen, 752, decides expressly, that where an alternative exists, the title to the property, in a case like this, is transferred upon the' delivery.
Plaintiff nonsuit-
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