Nosser v. Corwin
New York Court of Common Pleas
This was an action of replevin brought by plaintiff to recover possession of certain property. It appeared that after the delivery of the process to the sheriff, but before the taking of the property, the same was offered to the plaintiff, who refused to receive the same, unless the costs were paid. The jury found a special verdict, as follows, viz: 1st Question.
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This was an action of replevin brought by plaintiff to recover possession of certain property. It appeared that after the delivery of the process to the sheriff, but before the taking of the property, the same was offered to the plaintiff, who refused to receive the same, unless the costs were paid. The jury found a special verdict, as follows, viz: 1st Question. Was the wine taken on attachment against Charles Schals, delivered to plaintiff by the defendant before the latter was served with process ? Answer. Yes. 2d Question. What was the value of property. Answer. $196 00. ' 3d Question.…
1Opinion of the CourtBrady, J.
This is an action of claim and delivery. It appears that after the papers had been prepared and placed in the hands of the sheriff, including the necessary undertaking, which had been approved by him, but before the service of them upon the defendants, or either of them, the property was returned to the plaintiff and accepted by him He was not satisfied with the return of the property, having incurred expense in the employment of a lawyer to recover his goods, and said that he must be settled with, or paid the expenses, but he did not decline to receive the goods.
I entertain no doubt that…
2Cases cited1 opinion
- United States v. Samuel Davenport's HeirsSupreme Court of the United States · 1853
3Cited by2 opinions
- Rinker v. LeeNebraska Supreme Court · 1890
- United States Land & Investment Co. v. BusseyNew York Supreme Court · 1889