Curnane v. Scheidel
Supreme Court of Connecticut
Action of replevin to recover the possession of a horse, brought to the Court of Common Pleas in Hartford. County and tried to the court, Peck, Associate Judge-; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action of replevin to recover the possession of a horse, brought to the Court of Common Pleas in Hartford. County and tried to the court, Peck, Associate Judge-; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The material facts are as follows: The plaintiff, who was the owner of the hay horse described in the complaint, had for several years permitted his father-in-law, Jeremiah Sullivan, who resided in Burlington in this State, to keep and use it on his farm with his own horses. The plaintiff during this time…
1Opinion of the CourtHall, J.
Under the^answer of a general denial the plaintiff was required to prove his title to the horse described in the complaint, or Ms right of immediate possession. General Statutes, § 1330 ; McNamara v. Lyon, 69 Conn. 447.
To establish such ownership both he and Sullivan testified that the horse belonged to the plaintiff. For the purpose of discreditmg these witnesses, as well as to show a ratification by the plaintiff of the sale made by Sullivan, the evidence offered by the defendant, that with the knowledge and at the suggestion of the plaintiff Sullivan had procured the complaint for fraud to…
2Cases cited3 opinions
- Town of Ansonia v. CooperSupreme Court of Connecticut · 1894
- Shoninger v. PeabodySupreme Court of Connecticut · 1889
- McNamara v. LyonSupreme Court of Connecticut · 1897
3Cited by5 opinions
- McDermott v. McDermottSupreme Court of Connecticut · 1921
- Matulis v. GansSupreme Court of Connecticut · 1928
- Star Piano Co. v. BrockmeyerWest Virginia Supreme Court · 1916
- Nann v. SullivanConnecticut Superior Court · 1943
- Nann v. SullivanPennsylvania Court of Common Pleas · 1943