McNamara v. Lyon
Supreme Court of Connecticut
Action of replevin to recover the possession of a horse, brought before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas for New London County and tried to the court, Noyes, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtToebance, J.
This is an action of replevin in the statutory form, for a horse. The answer was a general denial, without disclaimer. The issues were found for the plaintiff and judgment was rendered in his favor. The court also found the following facts:—
Before and at the time the action was commenced the *450plaintiff was the owner of the horse. He never disposed of it nor gave any one authority to dispose of it, and the possession of the defendant was without the plaintiff’s consent, and without his knowledge until within a few days before the action was commenced. The defendant purchased the horse in good…
2Cases cited3 opinions
- Westfield Cemetery Association v. DanielsonSupreme Court of Connecticut · 1892
- Kavanagh v. PhelpsSupreme Court of Connecticut · 1869
- Sander v. GoldsmithSupreme Court of Connecticut · 1874
3Cited by4 opinions
- Burnett v. SouleSupreme Court of Florida · 1919
- M. Itzkowitz & Sons, Inc. v. SantorelliSupreme Court of Connecticut · 1941
- Curnane v. ScheidelSupreme Court of Connecticut · 1897
- Harrison v. ClarkSupreme Court of Connecticut · 1901