Hallenbake v. Fish
New York Supreme Court
Error, from the Greene common pleas. Hallenbake sued Fish in a justice’s court, and declared in trover for detaining a bridle and saddle left in the possession of Fish as an inn-keeper. Fish pleaded the general issue. The plaintiff recovered before the justice, and the defendant appealed to the Greene common pleas.
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Error, from the Greene common pleas. Hallenbake sued Fish in a justice’s court, and declared in trover for detaining a bridle and saddle left in the possession of Fish as an inn-keeper. Fish pleaded the general issue. The plaintiff recovered before the justice, and the defendant appealed to the Greene common pleas. On the trial in that court, the plaintiff proved that he stopped at the inn of the defendant, and delivered his horse to the ostler of the defendant to be fed ; that the ostler took the saddle and bridle off the horse and deposited them in a barn ; and that when the plaintiff…
1Opinion of the Court
By the Court, Savage, Ch. J.
There can be no doubt that the defendant would be liable on the facts presented, in an action on the case upon the custombut if the same rule is applicable in an action of trover against an inn-keeper which governs in that action against a common carrier or wharfinger, then an actual conversion must be proved. In Packard v. Getman, 4 Wendell, 613, it was decided, that to charge a common carrier in an action of trover, an actual conversion must be proved ; that in such a case, a demand and refusal to deliver the goods is not sufficient evidence of a conversion,…
2Cases cited1 opinion
- Packard v. GetmanNew York Supreme Court · 1830
3Cited by6 opinions
- People ex rel. Burroughs v. WillettNew York Supreme Court · 1857
- Gouglemann v. PeopleNew York Supreme Court · 1855
- People ex rel. Burroughs v.WillettNew York Supreme Court · 1857
- Needles v. HowardNew York Court of Common Pleas · 1850
- Wilkins v. . EarleNew York Court of Appeals · 1870
1 more not listed; retrieve them via the Exa API.