Dearborn v. Turner

Decided June 15, 1839

Supreme Judicial Court of Maine · decided 1839-06-15

TROveb. for a cow and calf, on a statement of facts agreed. The plaintiffj being then the owner of the ców, on the 22d of April 1836, delivered her to one Nason under the following agreement. “ Monmouth, April 22, 1836 ; Rec’d of F. W. Dearborn, one four year old cow, and a calf by her side, which I promise to return to him in Augusta in one year from this date, with a calf by her side, or pay twenty-two dollars and fifty cents. Wm.

Good law ✅— No negative treatment on recordhow we know

Decided 1839-06-15

How this case has been cited

Cited by 4 later decisions — most recently December 1931

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the Court was subsequently drawn up by

Weston C. J.

¶2The 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 *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.

¶3Plaintiff nonsuit-