Malcom & Gaul v. Loveridge
New York Supreme Court
Appeal by the defendants from a judgment entered at a special term of the court. The complaint was served November 20th, 1848. It alledged that on the 17th day of November, 1848, at Waterloo, in the county of Seneca, the plaintiffs were the owners, and were entitled to the possession, of divers goods and chattels, enumerating them, which, on the same day, came into the possession of the defendants, who refused to deliver them to the plaintiffs, on request; by which they had…
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Appeal by the defendants from a judgment entered at a special term of the court. The complaint was served November 20th, 1848. It alledged that on the 17th day of November, 1848, at Waterloo, in the county of Seneca, the plaintiffs were the owners, and were entitled to the possession, of divers goods and chattels, enumerating them, which, on the same day, came into the possession of the defendants, who refused to deliver them to the plaintiffs, on request; by which they had sustained damages to $1297,32, and the plaintiffs demanded judgment for that sum. The answer denied the complaint, and…
1Opinion of the Court
By the Court, Welles, J.
The first question is upon the objection at the trial, by the defendants’ counsel, to the admission of the evidence of conversation between McCarty and the plaintiffs, at the time the goods were purchased by the former, in New-York. The objection was put upon the ground generally that the evidence was not admissible under the pleadings. The defendants. Lines and Garry Loveridge, make title to the goods in question through chattel mortgages executed to them by the defendant McCarty, who purchased the goods of the plaintiffs. This is set up in the answer. The reply…
2Cases cited1 opinion
- Andrew v. DieterichNew York Supreme Court · 1835
3Cited by4 opinions
- Bell v. CaffertyIndiana Supreme Court · 1863
- Klock v. PeopleNew York Supreme Court · 1856
- Florence Sewing Machine Co. v. WarfordThe Superior Court of New York City · 1869
- Van Slyck v. NewtonNew York Supreme Court · 1877