Sager v. . Blain
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second district, granting a new trial and reversing an order of the City Court of Brooklyn, denying a new trial. The action was replevin, to recover possession of certain United States treasury notes, particularly described in the complaint, “and also the sum of $9,112.19, delivered by Charles Meigs & Son to the defendant, with damages for the withholding thereof.”
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Appeal from an order of the General Term of the Supreme Court, in the second district, granting a new trial and reversing an order of the City Court of Brooklyn, denying a new trial. The action was replevin, to recover possession of certain United States treasury notes, particularly described in the complaint, “and also the sum of $9,112.19, delivered by Charles Meigs & Son to the defendant, with damages for the withholding thereof.” On the trial, the judge directed a verdict in favor of the defendant for the money claimed. A verdict was rendered for the plaintiff for all the treasury notes,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The embarrassments of this case have arisen, chiefly, from the selection of an improper form of action. The plaintiff, claiming to have purchased from the defendant, Isaac W. Blain, several government bonds, and a balance of money theretofore paid by the Messrs. Meigs Co. to his wife, upon his order, commences an action of replevin, to obtain this property from Mrs. Blain. The government bonds are specific articles, distinguishable from all others of a like…
2Cases cited1 opinion
- Packard v. GetmanNew York Supreme Court · 1830
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