Wait v. Green
New York Supreme Court
REPLEVIN:, for a horse. In Ms answer, the defendant alleged that on the second day of June, in the year 1850, one Thomas E. Billington was in possession of the horse mentioned and described in the complaint, as the absolute owner thereof; and that the defendant, on or about the day-aforesaid, in good faith and for a valuable consideration paid by him to the said Billington th'erefor, purchased the® said horse, and thereupon became and still is the owner thereof.
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REPLEVIN:, for a horse. In Ms answer, the defendant alleged that on the second day of June, in the year 1850, one Thomas E. Billington was in possession of the horse mentioned and described in the complaint, as the absolute owner thereof; and that the defendant, on or about the day-aforesaid, in good faith and for a valuable consideration paid by him to the said Billington th'erefor, purchased the® said horse, and thereupon became and still is the owner thereof. The proof was, that, on the Blst of May, 1860, Thomas E. Billington purchased a horse of Catherine Comins, and gave in exchange his…
1Opinion of the Court
By the Court, Bacon, J.
This action seems to have been either very imperfectly tried, or very meagerly reported. So far as any direct evidence is concerned, two very essential points are either undetermined, or are to be assumed or inferred mainly from other facts proved in the case.
Thus it seems not to be entirely clear that the plaintiff purchased any thing but the promissory note which Billing-ton gave on the purchase he made of the horse from Mrs. Comins. It is true that both instruments were delivered to the plaintiff at the time of the transaction between himself and Mrs. Comins, the…
2Cases cited3 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Ludden v. HazenNew York Supreme Court · 1860
- Fleeman v. McKeanNew York Supreme Court · 1857
3Cited by4 opinions
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Lewis v. McCabeSupreme Court of Connecticut · 1881
- Ballard v. BurgettNew York Supreme Court · 1866
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888