Depew v. Leal
The Superior Court of New York City
Appeal from an order at special term, refusing to set aside plaintiffs proceedings in an action of claim and delivery. This was an action to recover the possession of specific personal property, — fire-crackers, wine, india-rubber, &c. The affidavit of the plaintiff, in support of bis requisition, omitting some descriptive phrases, introduced merely for the purpose of identifying the property claimed, was as follows:— TITLE OF THE CAUSE.
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Appeal from an order at special term, refusing to set aside plaintiffs proceedings in an action of claim and delivery. This was an action to recover the possession of specific personal property, — fire-crackers, wine, india-rubber, &c. The affidavit of the plaintiff, in support of bis requisition, omitting some descriptive phrases, introduced merely for the purpose of identifying the property claimed, was as follows:— TITLE OF THE CAUSE. William Depew, plaintiff in this action, being duly sworn, says that he is the owner of five hundred dollars worth of Chinese fire-crackers, situated in the…
1Opinion of the CourtHoffmaN, J.
We do not consider the points of the defendant, as to the omission of the word best in the affidavit, applicable to his knowledge and information, nor as to the valuation of the property, well taken.
The point as to the sufficiency of the affidavit upon its merits, presents the material question:—
1. The action is one of claim and delivery of goods. The plaintiff, as to certain parcels of the property worth $500, swears distinctly to an absolute ownership; and so far his proceedings are unobjectionable. A question might arise whether, if the affidavit is insufficient as to the other parcels of…
2Cases cited2 opinions
- Hawley v. BatesNew York Supreme Court · 1839
- Fairbanks v. BloomfieldThe Superior Court of New York City · 1853
3Cited by4 opinions
- Sibley v. WeinbergWisconsin Supreme Court · 1902
- Van Dyke v. New York State Banking Co.New York Supreme Court · 1896
- Thorn v. LazarusAppellate Division of the Supreme Court of the State of New York · 1899
- Ethridge v. OrcuttNew York Supreme Court · 1887