Legal Opinion

Fonda v. Van Horne

New York Supreme Court

Decided October 15, 1836PublishedCited by 37 opinions

Error from the Montgomery common pleas. Maria Van Horne, an infant, by her next friend, brought an action of replevin against Fonda and Hoag, for the taking of two cows and a calf.

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Error from the Montgomery common pleas. Maria Van Horne, an infant, by her next friend, brought an action of replevin against Fonda and Hoag, for the taking of two cows and a calf. They were taken by Hoag, a deputy sheriff of Montgomery, by the direction of Fonda, by virtue of an execution issued on a judgment in favor of Fonda against A. Van Horne, the father of the plaintiff, obtained in January, 1833. The property was levied upon in February, 1833, and a receiptor required. The property was not removed. A. Van Horne testified that in June, 1829, a person of the name of Gross made a present…

1Opinion of the Court

*633 By the Court,

Bronson, J.

Van Horne, the father, had no legal interest in the event of the suit. If the plaintiff recovered, the witness, as her guardian by nature, could have no right to the possession or use of the property. He procured two persons to receipt the goods, but it does not appear that he agreed to indemnify them. Although they acted on his request, it may have been from motives of kindness towards the plaintiff, and without any right to resort to the witness in case of loss.

There was sufficient evidence of a trespass, or taking of the goods to sustain the action. Fonda, the…

2Cases cited3 opinions

  1. Allen v. CraryNew York Supreme Court · 1833
  2. Conroe v. BirdsallNew York Supreme Court · 1799
  3. Combs v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828

3Cited by37 opinions

  1. Dexter v. HallSupreme Court of the United States · 1873
  2. Williams v. SapiehaTexas Supreme Court · 1901
  3. Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
  4. Fetrow v. WisemanIndiana Supreme Court · 1872
  5. Ely v. . EhleNew York Court of Appeals · 1850

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