Legal Opinion

Bemus v. Beekman

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1829PublishedCited by 31 opinions

Error from the supreme court. Beekman brought an acjion 0f replevin against Bemus for the taking of a quantity of rye. Bemus pleaded several pleas: 1. Non cepit; 2. Property in himself, traversing the property in Beekman; 3. Property in one W. McIntosh, with a similar traverse ; and 4. Property in himself and the plaintiff as tenants in common, with a like traverse.

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Error from the supreme court. Beekman brought an acjion 0f replevin against Bemus for the taking of a quantity of rye. Bemus pleaded several pleas: 1. Non cepit; 2. Property in himself, traversing the property in Beekman; 3. Property in one W. McIntosh, with a similar traverse ; and 4. Property in himself and the plaintiff as tenants in common, with a like traverse. To the three last pleas the plaintiff replied precludi non because the property was in himself, concluding to the country. The postea, as entered on the record, shewed that the jury found as to the first issue, that the defendant…

1Opinion of the Court

The following opinions were delivered :

By the Chancellor.

The first question presented for our consideration' in this case is, whether the supreme court had a right to amend the verdict of the jury by adding nominal damages thereto. From the opinion delivered by that court, it appears no special damage was proved or claimed at the trial. If the verdict as found by the jury can be considered a general verdict for the plaintiff in the court below on all the issues, nominal damages followed of course, and the judge at the circuit ought to have directed the verdict to be so entered. Being a defect…

2Cases cited4 opinions

  1. Patterson v. United StatesSupreme Court of the United States · 1817
  2. Green v. WatkinsSupreme Court of the United States · 1821
  3. Dana v. PrescottMassachusetts Supreme Judicial Court · 1804
  4. Diehl v. EvansSupreme Court of Pennsylvania · 1815

3Cited by31 opinions

  1. Ronge v. DawsonWisconsin Supreme Court · 1859
  2. Rogers v. ArnoldNew York Supreme Court · 1834
  3. McKnight v. DunlopNew York Supreme Court · 1848
  4. Boynton v. PageNew York Supreme Court · 1835
  5. Prosser v. WoodwardNew York Supreme Court · 1839

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