Cable, Fitch & Losee v. Dakin & Dakin
New York Supreme Court
Motion by plaintiffs to set aside inquisition on the ground that the damages are excessive. On 24th September, 1834, the plaintiffs replevied three boat loads of lumber which the defendants had at Albany, and were about forwarding to Boston for sale. The defendants had several other boat loads of lumber, a part of which they were about selling in Albany to raise money to pay off a mortgage to Cable, of which Fitch fy Losee had the control.
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Motion by plaintiffs to set aside inquisition on the ground that the damages are excessive. On 24th September, 1834, the plaintiffs replevied three boat loads of lumber which the defendants had at Albany, and were about forwarding to Boston for sale. The defendants had several other boat loads of lumber, a part of which they were about selling in Albany to raise money to pay off a mortgage to Cable, of which Fitch fy Losee had the control. On the executing of the writ of replevin, the defendants put in a claim of property,, which was tried the next day, when the jury found property in the…
1Opinion of the Court
By the Court, Bronson, J.
On examination of the affidavits on both sides, there can be but little doubt that the defendants actually sustained as much damage in consequence of the interference of Loses on behalf of the plaintiffs, and the replevin, as the jury has given. They suffered in the payment of expenses, the price of transportation, and the fall in value of the lumber before it could be forwarded to the Boston market. It is a fatal objection to this motion, that it no where appears that the mortgage was in evidence before the jury. Without proof of the mortgage, there was not the…
2Cases cited1 opinion
- Marquissee v. OrmstonNew York Supreme Court · 1836
3Cited by6 opinions
- Winstead v. HulmeSupreme Court of Kansas · 1884
- Devine v. RandSupreme Court of Vermont · 1866
- M'Donald v. ScaifeSupreme Court of Pennsylvania · 1849
- Washington Ice Co. v. WebsterSupreme Judicial Court of Maine · 1878
- Bell v. CampbellSupreme Court of Kansas · 1876
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