Lockwood v. Bull
New York Supreme Court
Trover, for certain articles of household furniture, farm-utensils, and books. Plea, the general issue. The-cause was tried at the Orange Circuit, November 12th, 1821, before the Hon. A. Spencer, late Chief Justice.
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Trover, for certain articles of household furniture, farm-utensils, and books. Plea, the general issue. The-cause was tried at the Orange Circuit, November 12th, 1821, before the Hon. A. Spencer, late Chief Justice. The plaintiff, to support his action, produced Abijah 0. Houghton, one of the acting deputies of the plaintiff as a witness ; who testified, that by virtue of an execution, issued out of the Court of Common Pleas, of Orange county, for $ 1332,17, in favour of one Smith, against the defendant, Bull, the witness, on the 9th September, 1818, levied on the goods and chattels in…
1Opinion of the CourtWoodworth, J.
The liability of the defendants, if any, arises under the second agreement to deliver the property levied on. That extends to such part as then remained in their possession.
It is contended that, as the Sheriff never re-possessed him- ■ s'elf of the goods, he could not deliver them as the consider--• ation for the last agreement.
When the plaintiff called the second time, the defendants mpst be considered as having the custody of all the-goods, except a clock, bureau and table, which, the case states, were taken away from the premises by James, on the ‘ 20 th September. The Sheriff made a levy…
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