Butler v. Van Wyck
New York Supreme Court
Replevin, tried before Ruggles, C. Judge, at the Dutchess circuit in October, 1839. The plaintiffs are paint, oil and dye-wood merchants in the city of New-York. Prior to 1837, Washington Davids kept a paint and oil store, and was engaged in the business of house painting in Poughkeepsie.
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Replevin, tried before Ruggles, C. Judge, at the Dutchess circuit in October, 1839. The plaintiffs are paint, oil and dye-wood merchants in the city of New-York. Prior to 1837, Washington Davids kept a paint and oil store, and was engaged in the business of house painting in Poughkeepsie. In 1837, Davids kept a tavern called the Forbus House, in Poughkeepsie, where he continued until April, 1838, when he removed to and kept another public house in the same village, called the Mansion House. On the 19th June, 1837, Butler, one of the plaintiffs, went to Poughkeepsie and presented an abstract…
1Dissent
Bronson, J. dissenting.
The pretence that this tavern furniture was in the possession of one of the boarders in the house, and not in the custody of the keeper of the inn, shows to what poor shifts men will resort for the purpose of evading the law, and getting rid of the payment of their debts. There was no change of possession. Nothing was done beyond an attempt, by creating a formal paper lien, to place the goods beyond the reach of legal process.
If the plaintiffs were, in fact, creditors of Davids, they neither sued for their debt, nor did they take the whole or any portion of his property…
2Cases cited13 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Langdon v. BuelNew York Supreme Court · 1832
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
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