Dunlap v. Hunting
New York Supreme Court
Error to Seneca C. P. Dunlap sued Hunting before a justice in trover for two law books; and the case was as follows: The plaintiff was. a constable of Ovid, Seneca county, and had a warrant from the president of a court martial to collect a fine from the defendant.
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Error to Seneca C. P. Dunlap sued Hunting before a justice in trover for two law books; and the case was as follows: The plaintiff was. a constable of Ovid, Seneca county, and had a warrant from the president of a court martial to collect a fine from the defendant. The plaintiff went to the defendant’s office in Farmerville, and levied upon two of his law books, which were left in the defendant’s possession on his agreeing to deliver them to the plaintiff at some future time. The plaintiff afterwards saw the defendant at Ovid, and demanded the books. The defendant replied, either that he had…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The proof leaves it some-
what uncertain where and when the books were to. be delivered. But assuming that they were to be delivered at the. defendant’s office in Farmerville on demand, it was not indispensable to a right of action that the demand should be made at that place. Property may be demanded of a bailee wherever he may be at the time, and although he is not bound "to deliver it at that place. And then if the bailee answer that "he is" ready to deliver at the proper place, there will be no breach of his duty. But if he deny the right of the bailor, and…
2Cases cited5 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Slingerland v. MorseNew York Supreme Court · 1811
- Scott v. CraneSupreme Court of Connecticut · 1814
- Mason v. BriggsMassachusetts Supreme Judicial Court · 1820
- Higgins v. EmmonsSupreme Court of Connecticut · 1823
3Cited by17 opinions
- Rogers v. . WeirNew York Court of Appeals · 1866
- Landsman Packing Co. v. Continental Can Co.Court of Appeals for the Eleventh Circuit · 1989
- Hill v. . HaynesNew York Court of Appeals · 1873
- Thomas v. ClappNew York Supreme Court · 1855
- Clark v. NortonSupreme Court of Minnesota · 1861
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