Lindner v. Sahler
New York Supreme Court
APPEAL from a judgment of the county court of Ontario county, on appeal from a judgment rendered by a justice of the peace. The action was trover, for the conversion of fifteen sheep. The defense was a general denial. The justice rendered a judgment for the plaintiff, and the defendant appealed to the county court, where a new trial was had.
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APPEAL from a judgment of the county court of Ontario county, on appeal from a judgment rendered by a justice of the peace. The action was trover, for the conversion of fifteen sheep. The defense was a general denial. The justice rendered a judgment for the plaintiff, and the defendant appealed to the county court, where a new trial was had. The plaintiff proved his ownership of the sheep; that they were found in the defendant’s possession; and that a demand thereof was made of the defendant’s husband, (she being a married woman,) in her presence, with which he refused to comply. When the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The nonsuit in this case was, I think, erroneously granted. The plaintiff gave evidence sufficient to take the ease to the jury upon every question essential to sustain the .right of action, except upon the point of conversion. In thyabsence of any proof that she knew that the plaintiff’s sheep were mingled with, hers and that she had received the profits thereof, I think it quite clear that an action of trespass or trover would not lie against her for such sheep, without proof of a demand distinctly made upon her for their delivery. The case, therefore, turns…
2Cited by2 opinions
- Peak v. LemonNew York Supreme Court · 1869
- Adams v. MillsThe Superior Court of New York City · 1874