Legal Opinion

Silsbury & Calkins v. McCoon & Sherman

New York Court of Appeals

Decided July 5, 1850PublishedCited by 61 opinions

This was an action of trover for a quantity of whisky. On the first trial before Willard, circuit judge, at the Montgomery circuit, in May, 1843, the plaintiffs were nonsuited. The supreme court on bill of exceptions set asi.de the nonsuit, and ordered a new trial. (See 6 Hill, 425.) The case was again tried in November, 1844, before the same judge.

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This was an action of trover for a quantity of whisky. On the first trial before Willard, circuit judge, at the Montgomery circuit, in May, 1843, the plaintiffs were nonsuited. The supreme court on bill of exceptions set asi.de the nonsuit, and ordered a new trial. (See 6 Hill, 425.) The case was again tried in November, 1844, before the same judge. On that trial it was proved, that one Hackney, a deputy of the sheriff of Montgomery county, on the 22d of March, 1842, by virtue of a fi. fa. issued on a judgment in the supreme court in favor of McCoon and Sherman, the defendants, against Uriah…

1Opinion of the Court

It is an elementary principle in the law of all civilized communities, that no man can be deprived of his property, except by his own voluntary act, or by operation of law. The thief who steals a chattel, or the trespasser who takes it by force, acquires no title by such wrongful taking. The subsequent possession by the thief or the trespasser is a continuing trespass; and if during its continuance, the wrongdoer enhances the value of the chattel by labor and skill bestowed upon it, as by sawing logs into boards, splitting timber into rails, making leather into shoes, or iron into bars, or…

2Cases cited2 opinions

  1. Snyder v. VauxSupreme Court of Pennsylvania · 1830
  2. Silsbury & Calkins v. McCoon & ShermanNew York Supreme Court · 1847

3Cited by61 opinions

  1. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  2. Holmes v. . GilmanNew York Court of Appeals · 1893
  3. Lightfoot v. . DavisNew York Court of Appeals · 1910
  4. Manry v. RobisonTexas Supreme Court · 1932
  5. Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899

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