Milligan v. Brooklyn Warehouse & Storage Co.
New York Supreme Court
Agtiow in replevin for a piano owned by the plaintiff. Motion by the defendant to direct a verdict in its favor, reserved until after verdict; and also for a new trial on the minutes. The piano was wrongfully taken from the plaintiff’s residence during her absence and without her knowledge.
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Agtiow in replevin for a piano owned by the plaintiff. Motion by the defendant to direct a verdict in its favor, reserved until after verdict; and also for a new trial on the minutes. The piano was wrongfully taken from the plaintiff’s residence during her absence and without her knowledge. She searched for it and'found it stored with the defendant, a warehouse' keeper, in the name of a person who had been a member of the plaintiff’s household, but removed therefrom without the plaintiff’s knowledge the same day the piano was taken. The evidence showed that such person wrongfully took the…
1Opinion of the Court
Gaynor, J.(1). The motion for a verdict for the defendant was based on act chapter 633 of the Laws of 1895. That is a slovenly, disconnected, illiterate statute, the work of some “ ’prentice hand ”. Its like is common in this state. It consists of two sections. The first is in substance that when a warehouseman is given notice (it does not say by whom or how) that “ an action or proceeding ” has been or is about to be commenced in which “ there shall be brought into question the title to or right of possession of any goods ” on storage with him, he shall hold the same until and subject to the…
2Cases cited22 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Pease v. . SmithNew York Court of Appeals · 1875
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Spraights v. . HawleyNew York Court of Appeals · 1868
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3Cited by4 opinions
- Barnett v. WalkerNew York Supreme Court · 1902
- International Packaging Corp. v. MarshallCivil Court of the City of New York · 1971
- Casey v. KastelNew York Supreme Court · 1922
- Lissner v. CohenAppellate Terms of the Supreme Court of New York · 1906