Knehue v. Williams
The Superior Court of New York City
This, was an action to compel the delivery of a warehouse-entry, of which a copy was annexed to the'complaint. The document was entitled “ Warehouse Entry,” and purported to be an entry at the custom-house of certain merchandise imported by'the plaintiffs; but it was not signed by the collector, warehouse-keeper, or any other officer of the customs, nor was it stated to be assignable.
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This, was an action to compel the delivery of a warehouse-entry, of which a copy was annexed to the'complaint. The document was entitled “ Warehouse Entry,” and purported to be an entry at the custom-house of certain merchandise imported by'the plaintiffs; but it was not signed by the collector, warehouse-keeper, or any other officer of the customs, nor was it stated to be assignable. JoaoMmsen, for the defendant, now moved to set aside all the proceedings, upon the ground that the entry was not, upon its face, a negotiable instrument having value, and, consequently, was not replevisable.
1Opinion of the CourtDuer, J.
It is a sufficient reason for denying this motion that the plaintiffs, in the affidavits which they were required to make to obtain a delivery (Code, § 207, sub. 1-6), have sworn that the entry has a certain value; and I apprehend that I have no right now to say that this allegation is erroneous or false. It is true that the paper has no value upon its face, and, apparently, can be of no use to any person holding its possession; but I am by no means certain that this defect may not be sup-, plied by evidence upon the trial. I cannot say that it may not, and will not, be proved, that an…
2Cited by2 opinions
- Savery v. HaysSupreme Court of Iowa · 1865
- United States Land & Investment Co. v. BusseyNew York Supreme Court · 1889