Crary v. Sprague
New York Supreme Court
This was an action of trover, tried at the Washington circuit in November, 1831, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action of trover, tried at the Washington circuit in November, 1831, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff held a bill of sale of a large quantity of hides and skins in the vat, in a tannery occupied by John L. Shearer and Lewis Shearer, and also of machinery appertaining to the tannery, and of other property, executed to him by the Shearers on the 12th August, 1826, to secure the payment of $1200 due to him: the Shearers to work the hides and skins into leather for' the benefit of the plaintiff. In February, 1827, the plaintiff made an advance to…
1Opinion of the Court
By the Court,
Nelson, J.
The admissions of M’Gregory and Shearer, as proved on the trial, were clearly competent evidence as part of the res gesta constituting one of the principal points litigated between the parties. The property taken and sold upon the execution against M’Gregory and Adams was not found in the possession of either of them, but of the Shearers; and it became necessary, therefore, for the defendants to prove title to the property in themselves, or in one of them. To show property in M’Gregory, a sale, under the Troy Bank execution, at which M’Gregory was the purchaser, was…
2Cases cited1 opinion
- Le Baron v. CrombieMassachusetts Supreme Judicial Court · 1817
3Cited by54 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
- People v. . ElliottNew York Court of Appeals · 1902
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