Chapman v. Andrews
New York Supreme Court
This was an action of replevin, tried at the Rensselaer cir- , cuit in November, 1827, before the Hon. Nathan Williams, one of the circuit judges. William Chapman (the plaintiff) and one Elbridge Green were partners as clothiers. In the year 1826, they were , • employed by one Robert Patterson to dress and finish a large quantity of satinets.
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This was an action of replevin, tried at the Rensselaer cir- , cuit in November, 1827, before the Hon. Nathan Williams, one of the circuit judges. William Chapman (the plaintiff) and one Elbridge Green were partners as clothiers. In the year 1826, they were , • employed by one Robert Patterson to dress and finish a large quantity of satinets. In the fall of that year they divided between them 56 pieces of the satinets put into their hands p^erson, each taking 28 pieces, on the allegation that Patterson was indebted to them in a large sum of money for WOI"k done, and had authorized them to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This case presents two questions: 1. Will replevin lie under the circumstances here disclosed: 2. Was Green a competent Witness ? The doctrine of this court I consider as settled, that replevin lies for such a taking as will sustain an action of trespass de bonis asportatis. Was the defendant guilty of any trespass ? Upon the facts found by-the jury, the deputy sheriff was a trespasser in levying on the goods ; but in that act the defendant was not concerned, either as a party to the execution or levy. The defendant received the goods as the servant or agent of the…
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