Tell v. . Beyer
New York Court of Appeals
This is an action to recover tbe possession of certain machines, alleged by tbe Plaintiff in the complaint to be “ the goods and chattels of the Plaintiff.” < The answer denied that the Defendant had become possessed of, or that he wrongfully detained the property in question. It also contains a denial of the value, and an allegation that no demand had been made upon him for the goods.
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This is an action to recover tbe possession of certain machines, alleged by tbe Plaintiff in the complaint to be “ the goods and chattels of the Plaintiff.” < The answer denied that the Defendant had become possessed of, or that he wrongfully detained the property in question. It also contains a denial of the value, and an allegation that no demand had been made upon him for the goods. On the trial, articles of agreement were introduced, which proved a partnership between the Plaintiff and one German in a certain manufacturing business, and that the articles in suit were purchased by the…
1Opinion of the Court
Hunt, Ch.J.
The Appellant insists, with great earnestness, that the machines in question were partnership property; that they were in Defendant’s possession by authority derived from the partner German, and that one partner cannot replevy property from the bailee of the 'other partner. I am of the opinion that these machines were the property of the firm, under the agreement read in evidence, and that each partner, therefore, had an ownership in the same. Without any careful examination of the point, I am also of the opinion that the other portion of the above proposition is sound law, to wit,…
2Cases cited2 opinions
- Cobb v. . CornishNew York Court of Appeals · 1858
- Childs v. HartNew York Supreme Court · 1849
3Cited by7 opinions
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Hand v. Belcher Mosaic Glass Co.City of New York Municipal Court · 1890
- German-American State Bank v. EricksonNorth Dakota Supreme Court · 1919
- Jones v. JonesNew York Supreme Court · 1885
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