Wehle v. . Haviland
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass for entering upon plaintiff’s premises and unlawfully taking and carrying away her stock of goods.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass for entering upon plaintiff’s premises and unlawfully taking and carrying away her stock of goods. The goods were taken under and by virtue of several attachments in favor of defendants and others, which attachments were thereafter set aside and vacated as irregularly issued. The further facts sufficiently appear in the opinion. The court erred in allowing plaintiff to give evidence of the…
1Opinion of the CourtAllen, J.
There was a conflict of evidence in respect of the goods actually taken by the defendants, as well as in respect of their value. The jury by their verdict gave the plaintiff as the value of those taken, four thousand five hundred dollars, with interest from the time of the taking, amounting in the aggregate to six thousand nine hundred and ninety-eight dollars and fifteen cents, as included in the judgment. The witnesses on the part of the plaintiff placed the value of the goods at different amounts, from seven to ten thousand dollars, and testified that their retail value would be…
2Cases cited4 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Blanchard v. ElyNew York Supreme Court · 1839
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Romaine v. . Van AllenNew York Court of Appeals · 1863
3Cited by37 opinions
- Fantis Foods, Inc. v. Standard Importing Co.New York Court of Appeals · 1980
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
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