Rader v. Simmons

Johnston,- J.

The action is in replevin to recover moneys plaintiff claims he owns and which he alleges the defendant, property clerk of the police department of the city of New York, wrongfully detains. The facts, which are not in dispute, may be summarized, briefly, as follows: On January 31, 1941, two police officers entered plaintiff’s apartment. Plaintiff and one Basso were present. The officers found in a box, which they opened with a key furnished by plaintiff, 10,000 slips of paper containing about 105,000 numbers, representing policy bets on “ Mutual Horse Race Policy.” There were…