Hendricks v. Decker
New York Supreme Court
THIS action was brought to recover the value of sixty sheep that the plaintiff alleged the defendant wrongfully took from his possession and converted to his own use. The action was tried at a circuit held in Schuyler county, in December, 1860, when the plaintiff had a verdict for $120. Judgment was suspended, and the defendant moved for a new trial, on a case and exceptions.
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THIS action was brought to recover the value of sixty sheep that the plaintiff alleged the defendant wrongfully took from his possession and converted to his own use. The action was tried at a circuit held in Schuyler county, in December, 1860, when the plaintiff had a verdict for $120. Judgment was suspended, and the defendant moved for a new trial, on a case and exceptions. The case showed that the plaintiff took up a flock of about 130 sheep, as estrays, on a farm occupied by him in Schuyler county, in August or September, 1857. He subsequently disposed of all but sixty of the flock, which…
1Opinion of the Court
By the Court, Balcom, P. J.
The sheep in question were in possession of the plaintiff as estrays, at the time the defendant took them from Mm and converted them, in the fall of 1858. Such possession entitled the plaintiff to maintain this action, whether it be trespass or trover, unless the defendant owned the sheep or had the right to their possession. (Hurd v. West, 7 Cowen, 752. McLaughlin v. Waite, 9 id. 670. 1 Cowen’s Tr. 2d ed. 285. Id. 443. Duncan v. Spear, 11 Wend. 54. Id. 57, note. 16 id. 571. 13 id. 63.) The defendant’s evidence showed that he was keeping the sheep that strayed from…
2Cases cited1 opinion
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by9 opinions
- Denn v. PetersOregon Supreme Court · 1900
- Dennis v. SnellNew York Supreme Court · 1866
- McCaslan v. LatimerSupreme Court of South Carolina · 1882
- Dennis v. SnellNew York Supreme Court · 1866
- Mandeville v. AveryNew York Supreme Court · 1892
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