Stimpson v. Reynolds
New York Supreme Court
Motion to set aside report of a referee. The action was trover, commenced in January term, 1847, for 100 barrels of flour, marked “ Otsego mills.” The cause was referred to Alexander F. Wheeler, Esq, sole referee. From the evidence in the case it appeared that in the fall of 1846, one Francis Dennison, residing in the state of Michigan, sold to the plaintiff 880 barrels of flour. The flour was manufactured at the Otsego mills in Michigan, and was marked “ Otsego mills.”
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Motion to set aside report of a referee. The action was trover, commenced in January term, 1847, for 100 barrels of flour, marked “ Otsego mills.” The cause was referred to Alexander F. Wheeler, Esq, sole referee. From the evidence in the case it appeared that in the fall of 1846, one Francis Dennison, residing in the state of Michigan, sold to the plaintiff 880 barrels of flour. The flour was manufactured at the Otsego mills in Michigan, and was marked “ Otsego mills.” The plaintiff paid for the flour in drafts on Troy and money. At the time of the sale, 92 barrels were stored with Williams,…
1Opinion of the Court
By the Court, Wright, J.
No other conclusion can be drawn from the evidence than that the property taken belonged to the plaintiff. The flour in the store occupied by Hunt & Baker, was unquestionably parcel of the lot purchased by the plaintiff from Dennison, and shipped to Troy by Hooker’s canal boat, the Charter Oak. But if the evidence on the question of property had been conflicting, the referee having found the title in the plaintiff, such finding is conlcusive. The taking, also, by the defendant, is clearly established.
It is, however, now urged that the action was wrongly brought against…
2Cases cited2 opinions
- Shipman v. ClarkNew York Supreme Court · 1847
- Spencer v. M'GowenNew York Supreme Court · 1835
3Cited by7 opinions
- Foster v. PettiboneNew York Supreme Court · 1855
- Sexton v. McDowdMichigan Supreme Court · 1878
- Boyden v. FrankAppellate Court of Illinois · 1886
- Driscoll v. PlaceSupreme Court of Vermont · 1872
- Leibman v. AbramsonAppellate Terms of the Supreme Court of New York · 1899
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