Brewster v. . Silliman
New York Court of Appeals
Appeal from judgment of General Term of third district affirming judgment entered on referee’s report in favor of the plaintiffs. The action was brought in the month of September, 1861, to recover possession of two canal boats or their value, which, it was alleged, had been taken by the defendants.
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Appeal from judgment of General Term of third district affirming judgment entered on referee’s report in favor of the plaintiffs. The action was brought in the month of September, 1861, to recover possession of two canal boats or their value, which, it was alleged, had been taken by the defendants. The cause was referred, and it appeared upon the trial before the referee, that on the 3d of September, 1861, the plaintiff, Ulysses B. Brewster, deceased, was the owner of the canal boats in question, and the defendants wrongfully seized and took possession of said boats by virtue of attachment…
1Concurrence
This action is prosecuted for the recovery of the possession of two canal boats, the property of the original plaintiff, the repondents' intestate, which it is alleged the defendants have become possessed of and wrongfully detain. The sole defense set up in the answer is a justification of the taking of the boats by a constable by virtue of attachments, at the suit of the defendants against one Cushman, the same then being his property, and not the property of the plaintiff, and the levy of executions in the suits so commenced, and the sale thereunder of one of the boats to one of the…
2Cases cited3 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Rowley v. Gibbs, Standish, & othersNew York Supreme Court · 1817
- Young v. WilletThe Superior Court of New York City · 1861