Shotwell v. Wendover
New York Supreme Court
EMOTT, in béhalf of the defendants, moved that certain articles, enumerated in. an affidavit, being chiefly tools and implements, belonging to the plaintiff as a block-maker^ should be struck out of the plaintiff’s declaration, on the ground, that since the commencement of the present suit, which Was an action of trover, the defendant had offered to return them to the plaintiff, who had refused to accept them.
1Per curiam
The plaintiff has a right to claim damages for the use of the articles, and for their deterioration, while in the possession of the defendant. By striking them out of the declaration, the plaintiff would be deprived of his remedy for those damages. .The articles, too, are not such, as are proper to be brought into court.
Rule refused.
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