Stowell v. . Otis
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, and affirming an order denying a motion for a new trial. The nature of the action and the facts are sufficiently set forth in the opinion. The court erred in admitting evidence under the affirmative defenses in the answer.
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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, and affirming an order denying a motion for a new trial. The nature of the action and the facts are sufficiently set forth in the opinion. The court erred in admitting evidence under the affirmative defenses in the answer. (Gerber v. Monie, 56 Barb., 652, 661; Duncan v. Spear, 11 Wend, 54; Rogers v. Arnold, 12 id., 30; Hoyt v. Van Alstyne, 15 Barb., 568; King v. Orser, 4 Duer, 431; Neff v. Thompson, 8 Barb., 213.) Defendant had a right to prove property…
1Opinion of the CourtEarl, J.
This is an action of replevin for certain personal property alleged in the complaint to belong to the plaintiff, and to be possessed and wrongfully detained from her by the defendant. The answer first contains a general denial, and then alleges, as a second defense, that the property claimed was owned by the plaintiff, and by her pledged to Mary H. Otis, the wife of the defendant, to secure a debt due her from the plaintiff, and that it was in her posession as such pledgee. But the answer contains no allegation that the defendant had any connection with or relation to the title, possession,…
2Cases cited4 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Hoyt v. AlstyneNew York Supreme Court · 1853
- Wright v. BennettNew York Supreme Court · 1848
- Neff v. ThompsonNew York Supreme Court · 1850
3Cited by25 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Cornell Steamboat Co. v. Jersey CityCourt of Appeals for the Second Circuit · 1892
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
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