Shepherd v. . Moodhe
New York Court of Appeals
Appeal from judgment of the General Term of the City Oourt of Brooklyn, entered upon an order made May 28,1894, which reversed an order of Special Term granting a new trial, denied a new trial and affirmed a judgment in favor of defendant entered upon a verdict. This is an action of replevin.
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Appeal from judgment of the General Term of the City Oourt of Brooklyn, entered upon an order made May 28,1894, which reversed an order of Special Term granting a new trial, denied a new trial and affirmed a judgment in favor of defendant entered upon a verdict. This is an action of replevin. It was "brought to recover the possession of a hearse of which the appellant claimed to be the owner, and which at the commencement of this action was in the possession of the respondent. Prior to January 19, 1893, the appellant, who was the keeper of a livery stable, had in his possession two black…
1Opinion of the CourtMartin, J.
The only question involved on this appeal is whether the former action and the judgment entered therein conclusively established the title of the appellant to the property in question.
It will be observed that when he made an offer of judgment in the former action he had expressly alleged in his answer that he was the owner of the hearse, and had demanded judgment for its ‘possession and return. Thus when the offer in that case was made and accepted, by the pleadings therein the respondent claimed title to all the property, while the appellant asserted title to that involved in this action.…
2Cases cited8 opinions
- Yates v. Fassett & WhitlockNew York Supreme Court · 1847
- Davies v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Tompkins v. . IvesNew York Court of Appeals · 1867
- Newell Universal Mill Co. v. . MuxlowNew York Court of Appeals · 1889
- Stillwell v. StillwellNew York Supreme Court · 1894
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3Cited by3 opinions
- Cuyler Realty Co. v. Teneo Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Abel v. BischoffAppellate Division of the Supreme Court of the State of New York · 1904
- Walsh v. Empire Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1904