Brizsee v. Maybee
New York Supreme Court
Damages in replevin. The defendant in an action of eplevin brought by the plaintiffs for about 200 saw-logs, obtained judgment for a return of the property, and sued out a writ of inquiry of damages, &c. ■ The logs measured 63,582 feet, board measure, and cost the defendant $3 25 per 1000 feet, delivered on the canal near his 'saw-mills in Royalton, Niagara county, where they were replevied by the plaintiffs in the summer of 1832. The writ of inquiry was executed in January,…
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Damages in replevin. The defendant in an action of eplevin brought by the plaintiffs for about 200 saw-logs, obtained judgment for a return of the property, and sued out a writ of inquiry of damages, &c. ■ The logs measured 63,582 feet, board measure, and cost the defendant $3 25 per 1000 feet, delivered on the canal near his 'saw-mills in Royalton, Niagara county, where they were replevied by the plaintiffs in the summer of 1832. The writ of inquiry was executed in January, 1838. The defendant proved that his principal business was the sawing of logs, and transporting the stuff-to market;…
1Opinion of the Court
By the Court,
Cowen, J.
In this case the judgment for a return will enable the defendant to recover the value of the logs, if not specifically returned, as it seems they cannot be, for it was in proof that the plaintiff had converted them The object of the writ of inquiry was to assess damages for the detention. This is ordinarily, as in trespass de bonis or trover the interest upon the value of the goods when taken, from the time of the taking to the day of assessing the damages, or perhaps the quarto die post or judgment day of the succeeding term. There are exceptions to this rule, as where…
2Cited by21 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Pegram v. StortzWest Virginia Supreme Court · 1888
- White v. WebbSupreme Court of Connecticut · 1842
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Oehlhof v. SolomonAppellate Division of the Supreme Court of the State of New York · 1902
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