Haas v. Altieri
New York Court of Common Pleas
Appeal from city court, general term. Replevin by Frederick Haas against Pietro Altieri to try title to a check. Plaintiff had judgment, which was affirmed by the city court at general term, (19 N. Y. Supp. 687,) and defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
The action being replevin in the detinet, the general denial puts in issue as well the title of the plaintiff as the wrongful detention by the defendant. Griffin v. Railroad Co., 101 N. Y. 348, 4 N. E. Rep. 740. It is not to be doubted that replevin lies for the possession of a check. Bank v. Bingham, 118 N. Y. 349, 23 N. E. Rep. 180; Barnett v. Selling, 70 N. Y. 492. It must be so upon principle, since replevin may be brought for any personal chattel susceptible of description and seizure; and that a check is property is a self-evident proposition,—equally with a note or draft or bill of…
2Cases cited8 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Booth v. . PowersNew York Court of Appeals · 1874
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Barnett v. . SellingNew York Court of Appeals · 1877
- Deeley v. . DwightNew York Court of Appeals · 1892
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3Cited by5 opinions
- Estelle v. DinsbeerNew York Court of Common Pleas · 1894
- Bachmann-Bechtel Brewing Co. v. GehlAppellate Division of the Supreme Court of the State of New York · 1913
- Haas v. AltieroNew York Court of Common Pleas · 1893
- Kent v. FiskAppellate Division of the Supreme Court of the State of New York · 1912
- National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1896