Legal Opinion · Dissent

Tasker v. Ryan

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1896Published

Appeal from county court. Replevin by Benjamin M. Tasker against Thomas Ryan. There was a judgment in favor of defendant, and plaintiff" appeals. Re-' versed.

1Dissent

PUTNAM, J. (dissenting.)

The plaintiff, to sustain his action in the county court, was required to establish his title to the chattels described in the complaint, and that they were, or had been, wrongfully possessed, taken, or detained by the defendant. I think he failed to show title. .Both parties claim under De Forrest, wrho made a conditional contract for the sale of the property in question, with the plaintiff’s vendor, Saunders, by which he retained the title to the furniture until the whole purchase price was paid. Neither Saunders nor plaintiff ever paid, or tendered payment of, the…

2Cases cited7 opinions

  1. Knapp v. . SmithNew York Court of Appeals · 1863
  2. Boyce v. . BrockwayNew York Court of Appeals · 1865
  3. Goodwin v. . WertheimerNew York Court of Appeals · 1885
  4. Spraights v. . HawleyNew York Court of Appeals · 1868
  5. Allen v. CraryNew York Supreme Court · 1833

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