Hudson v. Swan
New York City Court
Appeal by defendants from a judgment entered on the verdict of a jury, and from an order denying a new-trial. This action was brought by George H. Hudson against Frank C. Swan, James W. Paige and Douglass Gilmore, to recover possession of a trotting horse taken from the plaintiff by the defendants.
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Appeal by defendants from a judgment entered on the verdict of a jury, and from an order denying a new-trial. This action was brought by George H. Hudson against Frank C. Swan, James W. Paige and Douglass Gilmore, to recover possession of a trotting horse taken from the plaintiff by the defendants. It appeared, on the trial, that this horse was originally owned by defendant Paige, and by him sold to defendant Swan, who, in November, 1877, sold one-half thereof to George Hudson, the plaintiff’s father, for $500. In the spring of 1875, the plaintiff, at whose stable, on Fulton street, the horse…
1Opinion of the Court
Neilson, Ch. J.
In bringing the action the plaintiff claimed that he was entitled to the possession of the horse, and had been wrongfully deprived of that possession by the defendants. The principal contention on the trial was as to that right of possession. If it existed, there was no doubt as to the wrongful act charged
The plaintiff was the owner of one-half of the horse ; and conceding that Swan had been the owner of the other half, he sought to show that he had purchased Swan’s share through his agent. The authority of the agent was denied, and the jury found for the defendant on that…
2Cases cited7 opinions
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Stilwell v. CarpenterNew York Court of Appeals · 1875
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874
- Shuman v. . StraussNew York Court of Appeals · 1873
- Neary v. BostwickNew York Court of Common Pleas · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Howell v. Grand Trunk Railway Co.of CanadaNew York Supreme Court · 1895
- Slade v. Louis Hornick Co.Appellate Terms of the Supreme Court of New York · 1947