Dexter v. Norton

New York Supreme Court

Dexter v. Norton

55 Barb. 272, 1869 N.Y. App. Div. LEXIS 83

DecidedNovember 1, 1869

StatusPublished

This text of 55 Barb. 272 (Dexter v. Norton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dexter v. Norton, 55 Barb. 272, 1869 N.Y. App. Div. LEXIS 83 (N.Y. Super. Ct. 1869).

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Opinions

Cardozo, J.

I think there can be no doubt that this case was correctly disposed of at the circuit. It was conceded on the argument that the sale was of specific articles, [286]*286and that the title vested in the vendee. That being so, it is well settled that the loss follows or attaches to the title. The vendor becomes simply a bailee, and cannot, where there is no fault upon his part, be liable by reason of the destruction of the bailment. (Curtiss v. Prinderville, 53 Barb. 186.)

The judgment should be affirmed.

i

Geo. G. Barnard, J., concurred.

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Cardozo, J.

I think there can be no doubt that this case was correctly disposed of at the circuit. It was conceded on the argument that the sale was of specific articles, [286]*286and that the title vested in the vendee. That being so, it is well settled that the loss follows or attaches to the title. The vendor becomes simply a bailee, and cannot, where there is no fault upon his part, be liable by reason of the destruction of the bailment. (Curtiss v. Prinderville, 53 Barb. 186.)

The judgment should be affirmed.

i

Geo. G. Barnard, J., concurred.

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55 Barb. 272, 1869 N.Y. App. Div. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dexter-v-norton-nysupct-1869.

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