New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-16
THE COURTS.
SUPERIOR COURT-GEvERAL Tram.


Before Cierke. p. D., Barnard and CdrdO.o,
J. j. When is Tue Transferred What IS Detrerg =
george Der ag Ererg Norton and othsrsLh s accUn
tract 10 deliver goods purchased. on the 6th Gay oL
60 the plaintiff COZ bales OF cotton bearing CERTAIN 40
and numbers specified in the contract for the price OF ~
cents per pound, aud IL bales OF cotton. bearing O
marks and numbers specified in the contract AZ 4S
per pound, all TO be paid for on delivery On tne iou
October the defendants sent to the plaintiff several
different warehouses for the delivery OF ne the
There an arrangement between the parties g,st
0ollo lO6) and they proceeded accordngD Nos
Of the 10th l6l bales Of cotton stored IN M ono order
and BridgeSt all OF which were ~ - he rest
(folO s were consumed 10y fire. The delivery o inc ia
of the list purchased was, however, pToceeacu ne de-
livery of all bur tho 16 bales having been comIe'ea' &
plaintiff demanded Of the defendants III ,b c1t dsy
iverv az that This demand answeren tho
IN whiting with refusal on the GROUND cnsc su
livery had rendered impossible % tI1 c snce tSe
OF the cotton by fire. Cotton had risen IN prize soS 'o
,iav OF the sale aud the increase OF value on t9 I %
amounted 70 about s m %es G bad judgment and
ITO nlai"t appeaied Tho opinion OF tine Court was de-
hyeS by e.s h. no oS that his correctly disposed
At The tloaL IL T,s mi. vested ii The r.nde That being
u settled that the Lac follows or attaches 70 M, .os o fans
gSS b. ~. 5f' Psdsr1s s. Barb s. r. p iS5 The judgment
cIerEc p j. dissenting gave the following opinion
eouc,ded think the trial that the title 10 The DESTROYED
cotton had passed 60 the purchaser CHE pansa At 81 TeH
snsorsn the order for delivery not ssG1 Qtser
acts remained to be done WEIGH were essential to perfect cotton
suitable condition picking Damaged portion Of IT, any sew
,ng Nd ntpdng aud aDd supplying new neeo
putubg 10 condition generally Tor aS oehe
bfy prvreuc the sampler furnished by me Ven1es
co soSpe the bus With tie samples By which furnished and
conform the sample Then was necessary W pass
az 70 the scales vendors Dhbcs and then TO SEND
thr the vendee Indeed the Judge az
that the title to the destroyed cotton had NOT
remained other 70 be done which were essen
s 70 perfect The Judge dismissed the compliant on the
sale specific property Of bales Of cotton accord
the delivery Of other property than th
called r satisfied the aud that the obstruction OF
she property relieved the from his obligation perform me
contTsc- opinion entirely vaisuee VITA tue NhO
,urost Of common law authority this snbJeot as
took occasion say EihO aRt Biusse ~ Bark X, eD
Prom the period Of legal history excuse Tor
recognized where the performance has
tss other party; or language Of Coke 26 all
condition possible the time OF making H. aud before
bs performed the condition becomes Impossible by tn act
Of God. Of the hw, or OF the obhgee, &c; tnese
che Obligation IL saved" But accidental Ere 10 not
deemed in legal scceptaton the act OF God Thus was
Appeals and in Milo T urps the which have referred The
principle recognized although the judgment OF me Ieh
Term point keyes 4b IRE osNnGon
by Lawrence NJ Hadey Agt Clarke u Term X Iop
the charge hhd the parry usaoeu 70
pen without bin and hath remedy over there
stes charge upon HIMSELF be bound make good notvA
ssung inevitable necessity because he might have
contract IN Harmony hgL Bingham u her
lU Appeals after quoting the authorities In support
pup adds that their principle has been uniformly followed
aud that wbch s application has been considered
which the property specially designated a. well
designated although the civil differs from the
The dismissal OF the complaint should be
srts sie and trial ordered, costs TO abide event