Newell Universal Mill Co. v. Muxlow
New York Supreme Court
Appeal from special term, New York county. Action by the Newell Universal Mill Company against Jane B. Muxlow and others to recover the possession of certain chattels situated on premises owned by the defendant Muxlow, and which were occupied by a tenant of the latter. From an order denying a motion to tax costs in favor of defendant, the latter appeals.
1Opinion of the CourtBrady, J.
This is an action of claim and delivery. The plaintiff charged the defendants, four in number, with possession of the property. Two of *198the defendants only appeared. One of them disavowed possession and control of the property, and prayed only for a dismissal as to himself. Defendant (appellant) asserted a claim to several of the chattels named in the complaint, and demanded an affirmative judgment for their return or award to her. She denied in her answer that all the property was placed on the premises named in the complaint by the plaintiff, and averred that a portion was put there by a…
2Cases cited1 opinion
- Seymour v. BillingsNew York Supreme Court · 1835
3Cited by3 opinions
- Ackerman v. O'GormanNew York Supreme Court · 1889
- Ackerman v. O'GormanNew York Supreme Court · 1889
- McCarthey v. WrightNew York Supreme Court · 1890