Schermerhorn v. Van Volkenburgh
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Van Volkenburgh sued Schermerhorn before the justice, and declared against him in trover, for leather and harness.
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IN ERROR, on certiorari, from a justice’s court. Van Volkenburgh sued Schermerhorn before the justice, and declared against him in trover, for leather and harness. The return, which was very obscure, stated substantially that the grounds of the plaintiff’s claim was (hat he had an execution against one Seabring, and that he levied on and sold the property in question, and purchased it himself, and then left it in possession of Seabring, or his wife, in his absence; that Seabring delivered it to Mason and Parish, on their indemnifying him. A demand and refusal were also proved. The defendant…
1Per curiam
From the proofs and admissions of the parties, it is necessarily to be inferred that the property in question, did once belong to Seabring, and that the plaintiff below having levied upon it by an execution, and sold it, although it may be questionable whether he could himself become the purchaser, yet the levy and possession taken, gave him such a special property in the chattels, as would support the action, had not the defendant offered to show a paramount title in Parish. There is no doubt that a defendant, in an action of trover, may show a title in a third person; and if the testimony…
2Cited by8 opinions
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Howland v. . WillettsNew York Court of Appeals · 1853
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1887
- Bray v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1903
- Swope v. PaulIndiana Court of Appeals · 1892
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