Legal Opinion

Pegram v. Carson

The Superior Court of New York City

Decided January 15, 1860PublishedCited by 6 opinions

Appeal from an order denying a discovery of books and papers. The facts are stated in the opinion.

1Opinion of the Court

By the Court.—Hoffman, J.

—The action is to recover a quantity of corn, which it is alleged was the property of the plaintiff1, and to the possession of which he was entitled. That about the 1st of August, 1857, the defendants wrongfully possessed themselves of a part thereof, and, on the 2oth of August, of the remainder. A demand and refusal is stated. The answer set up an ownership in the firm of Starling, McCulloch & Co., and a right to hold the corn under them.

The petition states that the plaintiff resides in St. Louis, Missouri, and has in his possession, or under his control, books of…

2Cases cited6 opinions

  1. Magniac v. ThomsonSupreme Court of the United States · 1854
  2. Brownell v. CurtisNew York Court of Chancery · 1843
  3. March v. DavisonNew York Court of Chancery · 1842
  4. Sanford v. DickSupreme Court of Connecticut · 1845
  5. Leggett v. PostleyNew York Court of Chancery · 1831

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3Cited by6 opinions

  1. Walsh v. Press Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Dale v. StokesNew York Surrogate's Court · 1882
  3. Hayden v. Van CortlandtNew York Supreme Court · 1895
  4. Strong v. StrongThe Superior Court of New York City · 1865
  5. Holtz v. SchmidtThe Superior Court of New York City · 1871

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