Brown v. . Thurber
New York Court of Appeals
This was an action of trespass for the alleged taiong and conversion of twelve casks of ale. Defendants justified under an execution against one Healey, a retail liquor dealer, in whose possession the ale was when taken. The ale was delivered to Healey by plaintiff, the latter taking a receipt therefor, which stated that it was to remain his property until paid for.
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This was an action of trespass for the alleged taiong and conversion of twelve casks of ale. Defendants justified under an execution against one Healey, a retail liquor dealer, in whose possession the ale was when taken. The ale was delivered to Healey by plaintiff, the latter taking a receipt therefor, which stated that it was to remain his property until paid for. Upon cross-examination of plaintiff, who was a witness in his own behalf, defendant’s counsel asked this question: “ State what Healey said to you when he called at your brewery * * * in reference to these particular ales ? " This…
1Per curiam
opinion for reversal of judgment of General
Term of New York Common Pleas, and for affirmance of order of General Term of the Marine Court, which reversed a judgment in favor of plaintiff, and for judgment absolute on stipulation.
Eolger, Rapallo, Andrews and Earl, JJ., concur; Church, Ch. J., Miller and Daneortii, JJ., dissent.
Judgment accordingly.
2Cited by10 opinions
- Folinsbee v. . SawyerNew York Court of Appeals · 1898
- Central Coal & Coke Co. v. George S. Good & Co.Court of Appeals for the Eighth Circuit · 1903
- Nelkin v. Provident Loan SocietyNew York Court of Appeals · 1934
- Hawes v. WeedenMassachusetts Supreme Judicial Court · 1901
- Bergman v. GeorgeNew York Supreme Court · 1952
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