Munson v. Hegeman
New York Supreme Court
This was an action under the code of procedure, for the conversion of two canal boats; which the complaint alledged the defendant Cornelius Hegeman jun. wrongfully caused to he sold at auction, in July, 1849, and which the other defendant, A. Hegeman, bid off, at the sale.
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This was an action under the code of procedure, for the conversion of two canal boats; which the complaint alledged the defendant Cornelius Hegeman jun. wrongfully caused to he sold at auction, in July, 1849, and which the other defendant, A. Hegeman, bid off, at the sale. The complaint alledged that the seizure and sale of the canal boats was against the will, and in violation of the plaintiffs’ rights of property therein; and that they, forbade the sale; and that the defendants, in the seizure and sale of the boats, acted in concert together, and with the purpose and view of appropriating…
1Opinion of the Court
By the Court, Gridley, P. J.
On the trial of this cause, the counsel for the plaintiffs, after giving evidence of the ownership of the boats, and of their value, stated to the court and jury, *113that it was admitted by the pleadings, that Cornelius Hegeman, one of the defendants, had sold the two boats at public auction, before the commencement of this action; and that Aaron Hegeman, the other defendant, had bid' them off; that the plaintiffs were present and forbade the sale; and that they had demanded of the defendants the delivery of the boats before this suit was commenced; and that the…
2Cases cited8 opinions
- United States v. FisherSupreme Court of the United States · 1805
- In re the case of YatesNew York Supreme Court · 1809
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- In re BrownNew York Supreme Court · 1839
- Sprague v. KneelandNew York Supreme Court · 1834
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3Cited by5 opinions
- Paige v. FazackerlyNew York Supreme Court · 1862
- Austin v. FullerNew York Supreme Court · 1852
- Finch v. ClevelandNew York Supreme Court · 1851
- Groat v. PalmerWisconsin Supreme Court · 1859
- Munson v. HegemanNew York Court of Appeals · 1853