Cary Manufacturing Co. v. Malone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Cary Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 27th day of June, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of June, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.;
This appeal is from a judgment in favor of the defendant in a replevin action. The property which was the subject of the action consisted of a quantity of wire and various tools and machinery used in rolling iron. The title to this property was in dispute and ■the question of the ownership and right to the possession of the various articles was- litigated upon the trial. Defendant claimed a *288special interest in the machinery, and after a careful review of the evidence I am inclined to the view that if he had any legal claim to the property it was confined to this interest, though the…