Cook v. Howard
New York Supreme Court
IN ERROR, to the court of common pleas of the countv of ■ JSiCtgCtra, This was an action of tx-espass, de bonis asportatis, for taking a h°rse belonging to the plaintiff.
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IN ERROR, to the court of common pleas of the countv of ■ JSiCtgCtra, This was an action of tx-espass, de bonis asportatis, for taking a h°rse belonging to the plaintiff. The defendant pleaded, 1, ^ot g^ty* 2. That the horse was the property of the United States, and that one Major Garner, of the 25th regiment of United States’ infantry, and senior ofliper and commandant, ponir manded the defendant, being a captain in the said regiment, to take the horse, and deliver him to the quarter master of the regiment; that the defendant took the horse, by virtue of such • order, and delivered him to…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion pf-tfae court. If the, right of the plaintiff below to maintain this action depended Upon the abstract' question* .as to the right of property, Tam satisfied hjS must fail'.' It is, necessarily to be inferred, from the bill of exceptions, that the property in the horse was, at the time he was taken, by the enemy, duly vested in the United States. And' it is very clear that it was not devested by .any thing,,that took place at the time he was taken by the Indian. It ¡s a proposition hot to be .controverted, that, no right could arise from the recapture,…
2Cited by6 opinions
- Taft v. TaftMichigan Supreme Court · 1886
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Jones v. SinclairSuperior Court of New Hampshire · 1820
- Commonwealth v. PorterSupreme Court of Pennsylvania · 1853
- Campbell v. MorganNew York Supreme Court · 1893
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