Fire Department of New-York v. Kip
New York Supreme Court
This was an action of trover tried at the New-York circuit in March, 1830, before the Hon. Ogden Edwards, one of the circuit judges. The declaration was for a quantity of powder equal to 465 quarter casks of 25 lbs. each. The defendant pleaded the general issue.
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This was an action of trover tried at the New-York circuit in March, 1830, before the Hon. Ogden Edwards, one of the circuit judges. The declaration was for a quantity of powder equal to 465 quarter casks of 25 lbs. each. The defendant pleaded the general issue. The powder in question was seized by the defendant on the 2d of February, 1826, on hoard of a sloop lying at the Albany basin, by virtue of a warrant issued by the mayor of New-York, for a violation of the statute, 2 R. L. 364, § 66, prohibiting gun powder exceeding 28 pounds in quantity to be kept less than one mile north of the city…
1Opinion of the Court
*269 By the Court,
Savage Ch. J.
This is simply an action of trover, not involving the regularity of the proceedings of the mayor, recorder and aldermen, in their condemnation of the powder, but proceeding upon the ground that the powder became forfeited by being brought into a place prohibited; and the property in it thereby became divested from the former owner, and vested ipso facto in the plaintiffs.
It is unnecessary to discuss all the points raised on the argument by the defendant’s counsel. *As this is not a suit professing to be brought under the act, it was not necessary that the…
2Cited by17 opinions
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