Witty v. . Campbell
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second district, affirming a judgment in favor oí the plaintiff. This action was tried at the Kings county circuit in J une, 1865, before the judge without a jury.
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Appeal from an order of the General Term of the Supreme Court, in the second district, affirming a judgment in favor oí the plaintiff. This action was tried at the Kings county circuit in J une, 1865, before the judge without a jury. All the evidence consisted of the admissions made in the pleadings and upon the trial, and the following facts appeared: On the 28th of August, 1863, Christopher Torrey and John Torrey commenced an action against S. Omar Kingsley and others, and in that action procured an attachment against the property of the defendants therein, which was delivered to this…
1Opinion of the Court
The only question to be determined in this action is, whether the pendency of the action of replevin between these same parties was a defence to this action, and I am clearly of the opinion that it was not. In that action the plaintiff claimed to own the property at the time it was attached, and the cause of action was the wrongful taking and detention of his property by the defendant. In that action he could recover the property, and damages for its detention, or the value of the property and damages. So far as the defendant had sold the property, and put it out of his power to deliver it to…
2Cases cited1 opinion
- Morris v. . RexfordNew York Court of Appeals · 1859
3Cited by4 opinions
- John J. Gamalski Hardware, Inc. v. Wayne County SheriffMichigan Supreme Court · 1941
- Rex Beach Pictures Co. v. Harry I. Garson ProductionsMichigan Supreme Court · 1920
- Bernheimer v. HartmayerAppellate Division of the Supreme Court of the State of New York · 1900
- Frigidaire Sales Corp. v. DolanAlbany City Court · 1931