Sluyter v. Williams

By the court,Freedman, J.

The defendant lawfully came into possession of the goods and chattels claimed by the plaintiff in the action, and consequently,he could not be guilty of an unlawful dete*ntion,except,after due demand,and a refusal on his part subsequent to said demand to deliver. It was incumbent on the plaintiff to prove a sufficient demand as a part of his case and as the evidence is totally insufficient upon the point, no error has been committed upon the trial in dismissing the plaintiff’s coniplaint. In the case relied on by the the plaintiff (6 Hill, 613) the goods had been…