New York Court of Appeals

Silsbury & Calkins vs. McCoon & Sherman

July 5, 18503 N.Y. 379

Summary

The New York Court of Appeals reversed the Supreme Court's judgment, holding that the original owner of corn may retake the whisky produced from it if the identity of the original material can be proved, and that a creditor may seize the whisky to satisfy a debt. The Court rejected the lower court's rule limiting the owner's rights after conversion to a different species.