Ely v. . Ehle
New York Court of Appeals
Appeal from a judgment of the supreme court. The case is stated in the opinion of Jewett, J.
1Opinion of the CourtJewett, J.
This was an action, of replevin in the cepit, for taking twenty-five barrels of flour of the plaintiff from the canal boat J. D. Hawks, in August, 1846, at the village of Canajoharie, being in the custody of one Hays as a common carrier and captain of the boat. The plea was non-cepit, under which the defendant gave a notice that he would give in evidence on the trial—1st. That the flour was his property. 2d. That the flour was the property of Hays; and 3d. That the legal and exclusive possession and right of possession of the flour was in Hays.
On the trial it was proved, that on the day and…
2Cases cited6 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Marshall v. DavisNew York Supreme Court · 1828
- Fonda v. Van HorneNew York Supreme Court · 1836
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Pangburn v. PatridgeNew York Supreme Court · 1810
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3Cited by19 opinions
- Employers' Fire Insurance v. CottenNew York Court of Appeals · 1927
- Casey v. . KastelNew York Court of Appeals · 1924
- Rowell v. KleinIndiana Supreme Court · 1873
- Beach v. . Raritan Delaware Bay R.R. Co.New York Court of Appeals · 1868
- Towne v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1898
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