Duryea v. Andrews
New York Supreme Court
Appeal from circuit court, Queens county. Action by Henry T. Duryea against William H. Andrews and George H„ Andrews for conversion of a horse. Defendants pleaded the statute of limitations of six years. It appeared that the horse was stolen from plaintiff in or before the year 1878, and in that year came into defendants’ possession. In 1889, plaintiff learned that defendants had the horse, and made a demand that they turn it over to him; and thereafter brought this action.
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Appeal from circuit court, Queens county. Action by Henry T. Duryea against William H. Andrews and George H„ Andrews for conversion of a horse. Defendants pleaded the statute of limitations of six years. It appeared that the horse was stolen from plaintiff in or before the year 1878, and in that year came into defendants’ possession. In 1889, plaintiff learned that defendants had the horse, and made a demand that they turn it over to him; and thereafter brought this action. From a judgment for plaintiff entered on the verdict of a jury, defendants appeal.
1Opinion of the CourtPratt, J.
The judgment in this action must be affirmed. The only defense interposed was that of the statute of limitations, and that statute did not begin to run until the demand for the delivery of the horse in question was made on December 10, 1889. The horse having been stolen, its possession until such demand was, in contemplation of law, in the plaintiff, as he was its legal owner.
2Cited by8 opinions
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- Kunstsammlungen Zu Weimar v. ElicofonCourt of Appeals for the Second Circuit · 1982
- Kunstsammlungen Zu Weimar v. ElicofonCourt of Appeals for the Second Circuit · 1982
- Halsey v. HartNew York Supreme Court · 1895
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