Matthews v. . Rice
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was for taking and converting a horse alleged to be the property of the plaintiff.
Read the full summary
Appeal from judgment of Supreme Court. The action was for taking and converting a horse alleged to be the property of the plaintiff. The defendant answered, denying the principal allegations of the complaint, and averred that he took the horse as under sheriff of the county of Jefferson, by virtue of an execution issued upon a judgment in favor of one John M. Carpenter against Amasa H. Kellogg and William A. Sherwood; that at the time of taking, the horse was the property of Kellogg & Sherwood, and in their actual possession, and that the plaintiff’s pretended claim of title to ownership and…
1Opinion of the CourtWright, J.
The only exception of any importance was to the refusal to nonsuit at the close of the plaintiff’s testimony. If the judge rightly declined to withdraw the case from the jury, then the appeal is without merit. That there was no error in this respect seems very plain.
The defendant took the property in controversy under an execution issued upon a judgment recovered in December, 1857, by one Carpenter against Kellogg & Sherwood. On the 10th November previously, Kellogg & Sherwood had sold it to the plaintiff, who was an infant, partly on credit. At this time, Carpenter, whom the defendant…
2Cited by5 opinions
- McCartney v. ShoresSupreme Court of Oklahoma · 1920
- Clark v. . WiseNew York Court of Appeals · 1871
- Levy & Hippie Motor Co. v. City Motor Cab Co.Appellate Court of Illinois · 1912
- Consumers Grocery & Meat Co. v. ComenskySupreme Court of Missouri · 1923
- Clark v. WiseNew York Supreme Court · 1870