Supreme Judicial Court of Maine, 1839

Dearborn v. Turner

Supreme Judicial Court of Maine · Decided June 15, 1839 · Weston

16 Me. 17

Cases that cite this one

3 later published cases cite this decision.

Concordia Fire Ins. Co. of Milwaukee v. McCarty Motor Co. (Tex. App. 1931)
Wm. Franz & Co v. Fink (La. Ct. App. 1909)
Buswell v. Bicknell (Me. 1840)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the Court was subsequently drawn up by

Weston C. J.

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 *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-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.