Marshall v. Davis
New York Supreme Court
Error from the Sullivan common pleas. Davis brought an action of replevin against Marshall for the taking and detaining of a horse. The defendant plead non cepit and property in himself.
Read the full summary
Error from the Sullivan common pleas. Davis brought an action of replevin against Marshall for the taking and detaining of a horse. The defendant plead non cepit and property in himself. The cause was tried at the Sullivan common pleas in June, 1827. The plaintiff proved, that shortly after April, 1826, he purchased a pair of horses of one Gu1 1 , , . r .... maer, and delivered the horse in question in this cause, togethev with the other horse, to one Peter Vermilyea, to use for their keeping, reserving to himself the right to take them , , , , , _ ° , away whenever he thought proper; that…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions in this case are, 1. Whether, on the plaintiff’s own shewing, the action of replevin can be maintained 1 and 2. Whether Mrs. Vermilyea was a competent witness ?
1. The old authorities, (says Van Ness, justice, in Pangburn v. Partridge, 7 Johns. R. 143,) are, that replevin lies for goods taken tortiously, or by a trespasser ; and that the party injured may have replevin or trespass at his election. To maintain this position, the year books and several ancient and modern authorities are cited. In Thompson v. Button, (14 Johns. R. 87,) chief justice…
2Cases cited3 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
3Cited by38 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Rogers v. ArnoldNew York Supreme Court · 1834
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Wise v. . GrantNew York Court of Appeals · 1894
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
33 more not listed; retrieve them via the Exa API.