Scofield v. . Whitelegge
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court in the city of Eew York, affirming a judgment in favor of defendant entered upon the decision of the court at circuit dismissing plaintiff’s complaint, and also affirming an order denying a motion for a new trial. The action was for the recovery of personal property.
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Appeal from judgment of the General Term of the Superior Court in the city of Eew York, affirming a judgment in favor of defendant entered upon the decision of the court at circuit dismissing plaintiff’s complaint, and also affirming an order denying a motion for a new trial. The action was for the recovery of personal property. The complaint alleged that defendant had become possessed of and wrongfully detained from plaintiff a piano of the value of $400, and demanded a return thereof, etc. The answer denied the possession of any property belonging to plaintiff, and denied the wrongful…
1Opinion of the CourtFolgeb, J.
The complaint in this action does not. in. terms, show any right or .title in the plaintiff upon which the former action of replevin would lie. That action could be maintained only by one who had the general or a special property in the thing taken or detained. That, property, must have been averred in the declaration, or it would not have sufficed the plaintiff’s purpose. (Pattison, v. Adams, 7 Hill, 126; see, also, Bond v. Mitchell, 3 Barb., 304; Vandenburgh v. Van Valkenburgh, 8 id., 217.) The chapter of the Code of Procedure, of “ The Claim and Delivery of Personal Property,” was intended…
2Cases cited5 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Levin v. . RussellNew York Court of Appeals · 1870
- Jones v. . the Phoenix BankNew York Court of Appeals · 1853
- Pelton v. WardNew York Supreme Court · 1805
- Bond v. MitchellNew York Supreme Court · 1848
3Cited by36 opinions
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Sheridan v. . JacksonNew York Court of Appeals · 1878
- Kimball v. RedfieldOregon Supreme Court · 1898
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