Jacob v. Watkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence S. Watkins, from a judgment of the County Court of the county of Queens in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 30th day of June, 1896, upon the verdict of a jury, and also from an order bearing date the 16th day of June, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Clarence S. Watkins, from a judgment of the County Court of the county of Queens in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 30th day of June, 1896, upon the verdict of a jury, and also from an order bearing date the 16th day of June, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The action was in replevin to recover a piano or its value and damages for its detention. The plaintiff and his copartner consigned the piano to one John McCrann for sale on…
1Per curiam
When this case was before us on a former appeal (Jacob v. Watkins, 3 App. Div. 422), we held that the evidence warranted the court in holding that the defendant acquired no title to the piano upon the execution sale. The present record in this regard is not changed from what before appeared. The former decision must, therefore, be held as controlling. It is undoubtedly true that possession is usually evidence of ownership. But where the possession is explained, and the- character of the right thereto appears, ownership is to be determined therefrom. In the case before us it appears, by the…
2Cases cited4 opinions
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Gould v. PattersonNew York Supreme Court · 1895
- Jacob v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- McMurray v. LiddellAppellate Division of the Supreme Court of the State of New York · 1929