Yorks v. Steele
New York Supreme Court
MOTION for a new trial, on a case and exceptions ordered to be heard in the first instance at a general term. The action was brought to recover the possession of a horse, of the alleged value of $200. The defense, so far as the only question involved is concerned, is an estoppel, by a judgment obtained by this defendant against Thomas 0. Chase, sheriff of. Livingston county.
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MOTION for a new trial, on a case and exceptions ordered to be heard in the first instance at a general term. The action was brought to recover the possession of a horse, of the alleged value of $200. The defense, so far as the only question involved is concerned, is an estoppel, by a judgment obtained by this defendant against Thomas 0. Chase, sheriff of. Livingston county. The action was tried before Justice E. D. Smith, at the Livingston circuit in April, 1867, without a jury. The plaintiff, for the purpose of submitting the question of estoppel to the court, for decision, admitted the…
1Opinion of the Court
By the Court,
Johnson, J.
This was an action to recover the possession of a certain horse, on the alleged ground that it had been taken and wrongfully detained from the plaintiff' by the defendant. The plaintiff was nonsuited at the trial, on the ground that he was estoppéd from prosecuting the defendant for the recovery of the horse, by a judgment before rendered in a certain action brought by the defendant against Thomas C. Chase, sheriff of Livingston county who had taken said horse from the defendant by virtue of an execution issued upon a judgment in favor of George M. Pond, against this…
2Cases cited2 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Case v. ReeveNew York Supreme Court · 1817
3Cited by6 opinions
- Renick v. LudingtonWest Virginia Supreme Court · 1882
- Koontz v. KaufmanMissouri Court of Appeals · 1888
- Cipperly v. LinkNew York Supreme Court · 1929
- The Tubal CainDistrict Court, S.D. New York · 1881
- Fish v. VanderlipAppellate Division of the Supreme Court of the State of New York · 1915
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