Hinchman v. Lincoln — Opinion of the Court

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“Hinchman v. Lincoln — Opinion of the Court”, is a work by . It explores elements such as Van Rensselaer, acceptance and defendant.

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Hinchman v. Lincoln — Opinion of the Court

“ There must be first a delivery by the seller, with intent to give possession of the goods to the buyer.'
It is clear, and, as we have seen, is conceded, that the original delivery by the plaintiff to Van Rensselaer of the securities, according to the terms of the receipt taken at the time, was not a delivery to the defendant in the sense of the rule established by the authorities; and that consequently there was not, and could not have been, at that time, a receipt and acceptance of them by the defendant to satisfy the statute of frauds. ”

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Hinchman v. Lincoln — Opinion of the Court

“ The statute contemplates such a parting with the possession, and therefore, as long as the seller preserves his control over the goods so as to retain his lien, he prevents the vendee from accepting and receiving them as his own, within the meaning of the statute.' No exception is known in the whole series of decisions to the proposition here enunciated; and it is safe to assume as a general rule that, whenever no fact has been proven showing an abandonment by the vendor of his lien, no actual receipt by the purchaser has taken place. ”

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Hinchman v. Lincoln — Opinion of the Court

“ On July 21, 1882, Tyler, as attorney for the plaintiff, wrote to the defendant as follows: 'I was much disappointed in receiving your letter this afternoon, postponing your appointment with me in re Lincoln negotiation. When Dr. Lincoln accepted your offer of $18,000 for his position in reference to the Bothwell securities, he did so unqualifiedly, without even suggesting a modification of your offer, in the hope that in this way he would expedite a conclusion of the matter, and believing that nothing was open except the delivery of the securities, and the receipt of the price. ”

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Source: Wikisource

Hinchman v. Lincoln — Opinion of the Court

“ Dr. Lincoln, through his attorney, Col. M. W. Tyler, having seen fit to disavow the understanding and agreement by which he obtained 'his position' in carrying the J. R. Bothwell securities in your hands left there by Col. Tyler, after conference with a majority of our trustees, I am instructed to notify you to retain possession of said securities until a court of competent jurisdiction shall direct you what to do with them; I claiming, as trustee, for the benefit of Stormont treasury, an equitable and bona fide interest therein. Please acknowledge safe receipt. ”

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Source: Wikisource

Hinchman v. Lincoln — Opinion of the Court

“ This is an action at law brought by Rufus P. Lincoln, a citizen of New York, against Charles S. Hinchman, a citizen of Pennsylvania, to recover $18,000 as the agreed price and value of certain securities, stocks, and bonds alleged to have been sold and delivered by the plaintiff to the defendant. The sale is alleged to have taken place on July 8, 1882. It is set forth in the complaint that the plaintiff acquired title to the securities in question by purchase of one John R. Both well, subject to any claim Wells, Fargo & Co. ”

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Source: Wikisource

Hinchman v. Lincoln — Opinion of the Court

“ Van Rensselaer that you had left word with him to receive the securities, Dr. L. called on Mr. Van R., and left with him the securities just as he received them. Now, under these circumstances, Dr. L. feels as if there was nothing left to be done except the payment of the money, and that ought not to take very long. Now, I will do anything to accommodate you in this matter in the way of an appointment. If it is inconvenient for you to see me in New York, if you will appoint an early day, I will meet you in Philadelphia. ”

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Source: Wikisource

Hinchman v. Lincoln — Opinion of the Court

“ There are several questions which come up in regard to it, and I cannot give you any definite reply until I have conferred with counsel and my co-trustees on the subject. My advice to you is to exchange the Stormont stock for receipts, as a majority have already done, on receipt of this ”

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Source: Wikisource

Hinchman v. Lincoln — Opinion of the Court

“ This has been strongly insisted upon in the latest as in the earliest cases. The principal decisions to this effect are referred to in the note.' In accordance with this, the rule is stated in Browne, St. ”

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