Van Buskirk v. Warren
New York Supreme Court
Trial by the Court. These were two actions brought to recover damages for the taking and carrying away of thirty-nine chilled-iron and two sheet-iron safes, alleged to have been the property of the plaintiffs, at Chicago, in the State of Illinois. The causes were tried at the Rensselaer County Circuit, before Mr. Justice Hogeboom, without a jury.
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Trial by the Court. These were two actions brought to recover damages for the taking and carrying away of thirty-nine chilled-iron and two sheet-iron safes, alleged to have been the property of the plaintiffs, at Chicago, in the State of Illinois. The causes were tried at the Rensselaer County Circuit, before Mr. Justice Hogeboom, without a jury. It appeared upon the trial, that on the 3d day of November, 1857, John W. Bates was the owner of forty-one iron safes, which were then in Chicago, in Cook county, in the State of Illinois. Bates, and the several parties to this action, except the…
1Opinion of the CourtHogeboom, J.
—The plaintiffs sue, in an action analogous to one of trespass or trover, to recover the value of 41 safes formerly the property of John W. Bates, and levied upon by the defendants at Chicago, in the State of Illinois, on the 5th day of November, 1857, under attachments against Bates, issued in behalf of the defendants and valid by the laws of Illinois. Judgments were subsequently, and on the 9th day of June, ■1858, obtained against Bates by default in the attachment-suits, .executions issued thereon, and upon them, the safes, which had been previously attached, were sold at Chicago, and the…
2Cases cited16 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Holmes v. RemsenNew York Supreme Court · 1822
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
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3Cited by1 opinion
- Receiver of the State Bank v. First National BankNew Jersey Court of Chancery · 1881