Merriam v. Johnson
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, entered in favor of the plaintiff after a trial before the court and a jury.
1Opinion of the CourtClinch, J.
The action was in replevin to recover possession of a dog or its value in case a delivery could not be liad. The defense urged on the trial was that the dog had died. The evidence was conflicting and there is not such a preponderance of proof as to the dog’s death as to warrant interference with the jury’s verdict. The defendant r I aims that the plaintiff must fail in this action because -he did not prove the allegations of the complaint that the dog had been removed or disposed of so that it.could not be found or taken by the sheriff and with the intent that it -hould not be so found or…
2Cases cited1 opinion
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Merriam v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1906