Tomkins v. Haile
New York Supreme Court
This was an action of trover, tried at St. Lawrence circuit February, 1829, before the Hon. Esek Cowen, one of the circuit judges. The action was brought for thé recovery of damages for the taking of a horse, waggon and harness.
Read the full summary
This was an action of trover, tried at St. Lawrence circuit February, 1829, before the Hon. Esek Cowen, one of the circuit judges. The action was brought for thé recovery of damages for the taking of a horse, waggon and harness. The plaintiff proved that he was the owner of the property, and continuec] jn the possession of it, in the county of Onondaga, until the spring of 1827. On the 28th June, 1827, the pro-pert.y was levied on in the county of St. Lawrence, by virtue of a justice’s execution, issued on a judgment in favor of the now defendant against one Perry Stevens, in whose possession…
1Opinion of the Court
By the Court,
Marcy, J.
The defendant attempted to shew that Stevens was in fact the owner of the property, by proving that he had possession of it when it was levied on, had loaned it, and offered to sell or exchange it. This evidence would not, I think, have warranted the jury to find that there had been a change of property. How long Ste-*408yens had been in possession does not appear; but it could not jlave been long. No acquiescence of the plaintiff in the possession of Stevens, nor any recognition of his right to possess ^ was shewn' We cannot, therefore, say that the judge erred in regarding…
2Cited by11 opinions
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Schroeppel v. CorningNew York Supreme Court · 1848
- Bonaparte v. ClagettCourt of Appeals of Maryland · 1893
- Tallman v. TurckNew York Supreme Court · 1857
- Turner v. HahnSupreme Court of Colorado · 1867
6 more not listed; retrieve them via the Exa API.