Stone v. . Browning’s Empirical Analysis

Citation profile

18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There was no part payment of the purchase money nor note or memorandum of the contract Hence there was no compliance with the statute unless the defendants both accepted and received the cloth purchased or some of it. It was not sufficient to answer the statute that the cloth was delivered to the defendants; they must also have accepted it. Cross v. O’Donnell, 44 N. Y. 661 [4 Am., Rep. 721], A delivery of property to satisfy the requirements of the statute of frauds must be a delivery by the vendor with the intention of vesting the right of possession in the vendee, and there must be an actual acceptance by the latter with the intent of taking possession as owner. Brand v. Focht, * 42 N. Y. 409 . Judge Wright, in Shindler v. Houston, 1 N. Y. 269 [ 49 Am. Dec. 316 ], says: ‘The best considered cases hold that there must be a. vesting of the possession of the goods in the vendee as absolute owner, discharged of all lien for the price on the part of the vendor, and an ultimate acceptance and receiving of the property by the vendee so unequivocal that he shall have precluded himself from taking any objection to the quantities or quality of the goods sold.’ In Bell v. Boment, 9 M. & W. 41, Parke, B., says: ‘To constitute delivery, the possession must have been parted with by the owner, so as to deprive him of the right of lien.’ In Phillips v. Bistolli, 2 B. & Cr. 811, it is said (Per Curiam): ‘In order to satisfy the statute, there must be a delivery of the goods by the vendor w”

   1 later decision quote this exact passage
   e.g. E. R. Brackett Co. v. Kornblum