New York Court of Appeals
Kimberly v. . Patchin.
June 5, 185919 N.Y. 330
Summary
The Court held that title passed to the purchaser in a sale of a specified quantity of wheat even though the wheat was not separated from the remaining mass, because the parties intended transfer and the seller acted as bailee. Accordingly, the plaintiff could not recover, and the lower court's judgment was reversed with a new trial ordered.