Putnam v. Wyley
New York Supreme Court
THIS was an action of trespass, for taking 4 cows * ' u and 21 sheep, the property of the plaintiff. The cause was tried, at the last Oneida circuit, before Mr. Justice rr ' *7 vCLTl Di€S$* The plaintiff produced a record of a judgment in his ^avour> against one Simpson, in February, 1808, and a fiert facias, for 300 dollars, afterwards issued on the same , , r , judgment, and delivered to the defendant, as depitty sheriff, the 2d March, 1809, and a bill of sale, exeby the…
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THIS was an action of trespass, for taking 4 cows * ' u and 21 sheep, the property of the plaintiff. The cause was tried, at the last Oneida circuit, before Mr. Justice rr ' *7 vCLTl Di€S$* The plaintiff produced a record of a judgment in his ^avour> against one Simpson, in February, 1808, and a fiert facias, for 300 dollars, afterwards issued on the same , , r , judgment, and delivered to the defendant, as depitty sheriff, the 2d March, 1809, and a bill of sale, exeby the defendant as deputy sheriff, to the plain-sundry articles, including the property in question, dated the 29th April,…
1Per curiam
The plaintiff cannot recover. The case is within the decision of Ward v. Macaulcy; (4 Term Pep. 489.) and that case was no more than a recognition of the settled principle, that a plaintiff cannot bring trespass for taking a chattel, unless he has the actual or constructive possession, at the time. He must have such a right as to be entitled to reduce the goods to actual possession when he pleases. A carrier is only a servant of the owner, and the possession of the servant is the possession of the owner. But here the plaintiff, by accepting of the agreement in writing from Barnard and others,…
2Cited by17 opinions
- Kellogg v. LovelyMichigan Supreme Court · 1881
- Dillenback v. JeromeNew York Supreme Court · 1827
- Smith v. HillNew York Supreme Court · 1856
- Davis v. YoungSupreme Court of Alabama · 1852
- Murphy v. S. C. & P. R.Supreme Court of Iowa · 1881
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