Diossy v. . Morgan
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover possession of a quantity of stone. Plaintiff claimed immediate delivery, and issued a requisition to the sheriff, who took possession of the property. Defendants gave the undertaking required by the Code, and the property was returned to them. Further facts appear in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover possession of a quantity of stone. Plaintiff claimed immediate delivery, and issued a requisition to the sheriff, who took possession of the property. Defendants gave the undertaking required by the Code, and the property was returned to them. Further facts appear in the opinion. The complaint should have been dismissed, because there was no evidence that defendants ever became possessed of or detained the stone. (Hoffm.…
1Opinion of the CourtRapallo, J.
The title of the plaintiff to the stone in controversy was established on the trial and is not now disputed. The main point now urged by the appellants is that the defendants did not, at the time of the commencement of this action, have possession of the stone or detain it from the plaintiff. .
The stone was lying in an open lot, of which the plaintiff held a lease. The plaintiff alleges that about the 1st of April, 1876, the defendants, who were co-partners, sent their workmen to cut and carve this stone, and that these men took possession of it and worked it for the defendants. Evidence was…
2Cited by12 opinions
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- Austin v. WaufulNew York Supreme Court · 1891
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