Clemmons v. Brinn
Appellate Terms of the Supreme Court of New York
Appeals by the defendant Isaac Brinn from an affirmance by the General Term of the City Court of the city of ¡New York of a judgment in favor of the plaintiff and of an order denying a motion for a new trial. The undertaking given to the sheriff hy Isaac Brinn, in order to procure return of the chattels replevied, was in the form required by Code C. P., § 1704, subd. 2.
1Opinion of the CourtMcAdam, J.
The action is in replevin to recover the possession of “ 373 2-8 yards of cloth, whether manufactured or unmanufactured or in process of manufacture, but capable of identification.” This is allowable, for the action was founded upon the plaintiff’s right of property m the goods which never passed to the defendants, on account of their fraud. If a man, in such case, “ puts a new shape on my matter, that he may by this means rob me of it, he neither gains any right over the matter by his act, nor can he demand of me any reward for labor, any more than the thief who digs through my walls can…
2Cases cited4 opinions
- Schwietering v. RothschildAppellate Division of the Supreme Court of the State of New York · 1898
- Devoe v. SeligCity of New York Municipal Court · 1898
- Moskowitz v. HornbergerAppellate Terms of the Supreme Court of New York · 1897
- Partridge v. RubinNew York Court of Common Pleas · 1889
3Cited by2 opinions
- Williams & Co. v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1912
- Steele v. Georgia Finance Inc.Court of Appeals of Georgia · 1936