Legal Opinion

Bartholomay Brewery Co. v. Davenport

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1913Published

Appeal by the defendant, Hanna M. Manning, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tioga on the 18th day of July, 1912, upon the decision of the court after a trial at the Tioga Trial Term, the court having taken the case from the jury at the close of the evidence.

1Opinion of the Court

Smith, P. J.:

This is an action of replevin brought to recover possession of a certain bar and other barroom fittings claimed to have been loaned by respondent to Frank H. Phalen and Leo Whalen in May, 1909. Said last-mentioned parties at that time were the lessees of the appellant Manning, who was and still is one of the owners of the Langford Hotel in the village of Waverly, H. Y. *48Said lessees thereafter transferred their lease to one Shattuck and he in turn to the defendant Davenport, who was in actual possession of the goods at the time the action was brought. The appellant was made a…

2Cases cited3 opinions

  1. Andrews v. Day Button Co.New York Court of Appeals · 1892
  2. John P. Squire & Co. v. City of PortlandSupreme Judicial Court of Maine · 1909
  3. Crandall Investment Co. v. UlyattSupreme Court of Colorado · 1907

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