Russell v. . Allen
New York Court of Appeals
Replevin for the wrongful detention of a quantity of pork and lard, commenced about the first of May, 1848. The property, by virtue of the writ of replevin, was taken from the possession of the defendant by the sheriff and delivered to the plaintiff. In the writ and declaration the pork and lard were described and alleged to be the property of the plaintiff.
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Replevin for the wrongful detention of a quantity of pork and lard, commenced about the first of May, 1848. The property, by virtue of the writ of replevin, was taken from the possession of the defendant by the sheriff and delivered to the plaintiff. In the writ and declaration the pork and lard were described and alleged to be the property of the plaintiff. The defendant pleaded von detinet, and in a notice accompanying the plea, stated that he would prove on the trial, in bar of the action, that the pork and lard were the property of the defendant and not of the plaintiff; also that the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judge instructed the jury to find the full value of the property replevied at Buffalo, if they should find for the defendant, and refused to charge that the recovery must be limited to the value of the interest of Holmes therein as part owner. To this instruction and refusal the plaintiff duly excepted. There are two answers to the objections to the charge and refusal: First. Holmes, whom the defendant represented, as joint owner with the plaintiff, and in…
2Cases cited2 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
3Cited by10 opinions
- Tuttle v. CampbellMichigan Supreme Court · 1889
- Lebarron v. . BabcockNew York Court of Appeals · 1890
- Robinson v. DickeyIndiana Supreme Court · 1896
- Frans v. YoungSupreme Court of Iowa · 1868
- Bates v. SmithMichigan Supreme Court · 1890
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