Kissam v. Roberts
The Superior Court of New York City
Appeal from judgment on a verdict for the plaintiff for $4,210, had on a trial before Mr. Justice Woodruff and a jury, on the 15th day of November, 1858. The complaint in the action avers, that on, &c., at, &c., “the defendant forcibly and wrongfully took from the possession of the plaintiff and carried away the following goods and chattels, of which he is the owner, viz.: a schooner known by the name D. W. Bagley, her apparel, tackle,” &c., &c., (enumerating the articles,)…
Read the full summary
Appeal from judgment on a verdict for the plaintiff for $4,210, had on a trial before Mr. Justice Woodruff and a jury, on the 15th day of November, 1858. The complaint in the action avers, that on, &c., at, &c., “the defendant forcibly and wrongfully took from the possession of the plaintiff and carried away the following goods and chattels, of which he is the owner, viz.: a schooner known by the name D. W. Bagley, her apparel, tackle,” &c., &c., (enumerating the articles,) “ which goods and chattels were of the value of $5,500.” Wherefore the plaintiff demands “damages to the sum of $10,000,…
1Opinion of the CourtHoffman, J.
An analysis of the complaint in this action, guided merely by the provisions of the Code, without regard to former precedents and rules, presents this case. That the defendant forcibly and wrongfully took from the possession of the plaintiff, the goods in question and carried them away; that he, the plaintiff, was the owner of such goods; that they were of a given value, and he demands judgment for his damages.
The defendant denies that he did forcibly or wrongfully take from the possession of the plaintiff, the said goods or any of them. He also separately denies that the plaintiff was or is…
2Cases cited12 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Rogers v. ArnoldNew York Supreme Court · 1834
- Prosser v. WoodwardNew York Supreme Court · 1839
- Hoyt v. Gelston & SchenckNew York Supreme Court · 1816
- Aikin v. BuckNew York Supreme Court · 1828
7 more not listed; retrieve them via the Exa API.