Van Hoozer v. Cory
New York Supreme Court
ACTION of trespass, for taking and carrying away a quantity of cheese, the property of the plaintiff. The defendant justified as a constable, under a judgment and execution against one Nicholas Smith.
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ACTION of trespass, for taking and carrying away a quantity of cheese, the property of the plaintiff. The defendant justified as a constable, under a judgment and execution against one Nicholas Smith. The cause was tried before Mullin, J. without a jury,- at the Jefferson circuit, in March, 1860, and upon the trial it appeared that the plaintiff, in February, 1858, leased to the debtor, Nicholas Smith, a dairy farm in the county of Jefferson, with the cows and all the fixtures and dairy implements thereon, for the term of two years from the 15th day of March of that year, at the annual rent…
1Opinion of the Court
By the Court, Allen, J.
The plaintiff asserts a legal claim to the property, and must succeed, if at all, upon the establishment of a legal title to it. He cannot recover upon any equity as between himself and his lessee, and it is not necessary to consider their respective rights, legal or equitable, as against each other. There is no claim made that the transaction between the plaintiff and Smith was fraudulent as against the creditors of the latter; nor was the justification of the defendant put upon the ground that the interest or title of the plaintiff was that of mortgagee for a debt not…
2Cases cited3 opinions
- Milliman v. NeherNew York Supreme Court · 1855
- Beaumont v. CraneMassachusetts Supreme Judicial Court · 1817
- Wood v. LesterNew York Supreme Court · 1859
3Cited by19 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Arques v. WassonCalifornia Supreme Court · 1877
- Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
- Huling, Brockerhoff & Co. v. CabellWest Virginia Supreme Court · 1876
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