M'Curdy v. Brown
The Superior Court of New York City
This was an action to compel the delivery of forty-nine bales of cotton and woollen cloths of the value of $3706 52. The sheriff had delivered possession to the plaintiff upon the usual affidavit and undertaking. The cause was tried on the 24th March, 1852, before Mr. Justice Bosworth, who, upon the motion of the defendants, dismissed the complaint, and ordered judgment against the plaintiffs for the value of the goods in question.
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This was an action to compel the delivery of forty-nine bales of cotton and woollen cloths of the value of $3706 52. The sheriff had delivered possession to the plaintiff upon the usual affidavit and undertaking. The cause was tried on the 24th March, 1852, before Mr. Justice Bosworth, who, upon the motion of the defendants, dismissed the complaint, and ordered judgment against the plaintiffs for the value of the goods in question. The plaintiffs appealed from this judgment, and the cause was now before the court upon the record and a bill of exceptions. The pleadings were in the usual form:…
1Opinion of the CourtBv the Court. Duer, J.
The action given by the Code for the delivery of personal property is substantially the former action of replevin, changed, indeed, in its name, and modified in its form, but in its principle and its object identical. The plaintiff asserts a legal title to the property of which he claims the delivery, and to entitle him to the judgment which he seeks, it is a legal title that by the proper evidence he must establish. *106Hence the plaintiffs in this case were bound to prove upon the trial that they had an absolute or special property in the goods in question, and an immediate right to their…
2Cases cited2 opinions
- Glenn v. NobleIndiana Supreme Court · 1820
- Reynolds v. ReynoldsNew York Supreme Court · 1840
3Cited by1 opinion
- Morgan v. JacksonIndiana Court of Appeals · 1904