Dwight v. . Enos and Janes
New York Court of Appeals
This action was brought to recover possession of a canal boat taken by the defendants upon the 9th of September, 1851, out of the possession of Chauncey H. Bascom. The plaintiff claimed title by virtue of a bill of sale from Bascom and one Oliver Beckwith, dated February 21, 1851. The defence was that the sale by Bascom to the plaintiff was fraudulent as to the creditors of Bascom; but no prayer for relief was contained in the answer.
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This action was brought to recover possession of a canal boat taken by the defendants upon the 9th of September, 1851, out of the possession of Chauncey H. Bascom. The plaintiff claimed title by virtue of a bill of sale from Bascom and one Oliver Beckwith, dated February 21, 1851. The defence was that the sale by Bascom to the plaintiff was fraudulent as to the creditors of Bascom; but no prayer for relief was contained in the answer. The case was referred to a sole referee who reported as follows: “ The undersigned, sole referee appointed to hear and determine this action, having first been…
1Opinion of the CourtSelden, J.
• Two questions arise in this case as to the form of the judgment, viz: 1. Had the defendant a right at his election to waive a return and take judgment for the value of the property, admitting that he was entitled to judgment for one or the other? 2. Could he have judgment either for a return or the value of the property without claiming a return in his answer ? These question's depend upon the construction to be put upon certain sections of the Code. Section 277 provides as follows : “In an action to recover the possession of personal property, judgment for the plaintiff may be for the…
2Cited by9 opinions
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- Hynes v. BarnesMontana Supreme Court · 1904
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