Phillips & Brown v. Hall
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Tompkins circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges.
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This was an action of trespass de bonis asportatis, tried at the Tompkins circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The sheriff of Tompkins, by virtue of an execution in favor of Hall Sr Montross, two of the defendants in this cause, against one Michael Phillips, levied upon a store of goods belonging to Asa Phillips and Moses C. Brown, the plaintiffs in this cause, which goods had shortly previous to the levy been transferred by Michael Phillips to the plaintiffs, and which transfer the plaintiffs in the execution alleged to have been…
1Opinion of the Court
By the Court, Sutherland, J.
The charge of the judge was correct on both its branches. The levy by the sheriff and the taking a receiptor, changed the possession of the goods in contemplation of law; it was a conversion of them to the use of the defendants. To maintain trover or trespass de bonis asportatis, evidence of an actual forcible dispossession of the plaintiff is not necessary; any unlawful interference with the property, or exercise of dominion over it, by which the owner is damnified, is sufficient to maintain either action. This is abundantly settled by numerous cases in relation…
2Cases cited1 opinion
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
3Cited by19 opinions
- United States Ex Rel. Wilkins v. North American Construction Corp.District Court, S.D. Texas · 2001
- Connah v. HaleNew York Supreme Court · 1840
- O'Donnell v. . KelseyNew York Court of Appeals · 1852
- Dexter v. ColeWisconsin Supreme Court · 1858
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
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