Collins v. . Bennett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the second judicial district, affirming a judgment in favor of plaintiff entered upon a verdict, and also affirming an order denying motion for new trial. This is an action for wrongful conversion of plaintiff’s horse, which had been intrusted to defendant to keep and care for.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court of the second judicial district, affirming a judgment in favor of plaintiff entered upon a verdict, and also affirming an order denying motion for new trial. This is an action for wrongful conversion of plaintiff’s horse, which had been intrusted to defendant to keep and care for. Answer admits defendant took the horse to keep for compensation, and interposes a general denial of the remainder of the complaint; and by leave of court subsequently set up the plea of a former suit in bar. The following facts were proved: The delivery…
1Opinion of the CourtPeckham, J.
Two questions are urged in this case: First. Was the burden upon the defendant, of proving that he took reasonable and proper care of the horse in keeping him, provided the jury was satisfied that he was sound when he was received by the defendant? Second. Was the recovery for his keeping a bar to this action ?
Under the proof, there was no error committed by the court as to the first point. There was sufficient and uncontradicted proof of conversion. The defendant took the horse to board on the 14th of December, 1866, at twenty dollars a month, and kept him, as he alleged, and boarded him,…
2Cases cited6 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Bouchaud v. DiasNew York Supreme Court · 1846
- Sheldon v. . CarpenterNew York Court of Appeals · 1851
- McDaniels v. RobinsonSupreme Court of Vermont · 1854
- Morgan v. PlumbNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
- Reich v. . CochranNew York Court of Appeals · 1896
- Lamb v. WahlenmaierCalifornia Supreme Court · 1904
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
47 more not listed; retrieve them via the Exa API.