Kinsey v. . Leggett
New York Court of Appeals
Appeal from, judgment of the General Term of the Supremo Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This was an action of replevin, brought by plaintiff as treasurer of the Darien Centre Cheese Factory Company, to recover possession of a quantity of cheese.
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Appeal from, judgment of the General Term of the Supremo Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This was an action of replevin, brought by plaintiff as treasurer of the Darien Centre Cheese Factory Company, to recover possession of a quantity of cheese. The facts appearing upon the trial were, in substance, as follows: For several years prior to October, 1870, the defendants, Abram W. and Frederick W. Leggett, and defendant, Andrews, had been engaged in the purchase…
1Opinion of the CourtMiller, J.
There was evidence upon the trial of this action tending to prove that the plaintiff understood that the purchase of the cheese was to be made by Andrews on joint account with the defendants, the Messrs. Leggett. Similar purchases had been made in the same manner on previous occasions, and there was strong ground for claiming that the plaintiff had reason to suppose that this one was of the same character. The defendants, the Messrs. Leggett, however, when called upon by the plaintiff in New York in regard to the cheese, and when it was claimed by him, and possession of the same demanded,…
2Cases cited1 opinion
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
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- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Soltau v. . GerdauNew York Court of Appeals · 1890
- Brooks v. TynerSupreme Court of Oklahoma · 1913
- Evansville & Terre Haute Railroad v. ErwinIndiana Supreme Court · 1882
- Collins v. RalliNew York Supreme Court · 1880
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